UNIFORM CIVIL CODE
A Perspective
EVEN prior to independence, the concept of a uniform civil code was a subject of discussion. Wide attention is still focussed on this concept, but it is now seen in a larger context of the Constitution of India. (Article No. 44, Uniform Civil Code).
THE ORDER OF NATURE
Zauq Dehlavi (1789-1854) is a famous poet of the Urdu language. One
of his couplets reads:
Gul hae rang rang se hae zinat-e-chaman
Ai Zauq is jahan ko hai zeib ikhtilaf se
(A variety of flowers of different hues and shapes make up the beauty of the garden. O Zauq, it is by diversity that this world has been rendered beautiful).
This is the law of nature. If you stood in a garden you would find each plant, each tree different from all the others. The flowers of each tree would show their splendour in their own unique style. The whole garden would appear to possess great diversity. Even birds would be singing in different voices. Everything in nature is a unique specimen of variety.
Variety and difference are a common law of nature that functions throughout all walks of life. No man has it in his power to change it.
This variety is present in all the things of the universe, as well as in man. The study of biology and psychology tells us that one human being is totally different from another. Not just thumb impressions but even the cells of one man are different from those of another. One man’s eyes do not resemble anyone else’s. This difference and variety is not only for beauty. There is great wisdom behind it. In truth all human progress is associated with this variety and difference. This is what assists us to make new discoveries. It is this factor which results in the materialization of thinking which in turn produces intellectual development. Such challenges act as a spur to intellectual awakening.
If the participants in a meeting were all of the same opinion, no new idea would be produced. In an industrial system, if all the engineers were cast in the same mould, they would not be able to invent any new technology. In a society, if all the writers had the same tastes, no creative literature would be produced. If all politicians were fashioned alike, they would not be able to bring about any significant political advancement. Variety and difference are a common law of nature, which functions throughout all walks of life. No man has it in his power to change it.
UNI-CULTURAL NATION OR MULTI-CULTURAL NATION
For the last one hundred years, two different political groups in India have tried to mould the country along the lines of their own thinking. One favouring a secular ideology, and the other Hinduism. The ideas of each are totally different from one another. The paradox is that both are in agreement that India should have a common civil code for all. When looked at impartially though, a uniform civil code is against the concepts of both parties. If they are sincere in their ideology, they should not support an idea such as a uniform code.
Secularism means opting for a policy of non-interference by the state in matters of religion.
Secularism means choosing a policy of non-interference by the state in matters of religion. According to the principle of freedom of faith and religion, the government administers only common, worldly matters. This is the internationally agreed concept of secularism. It is along these lines that the Constitution of India has been framed. The difficulty arises when certain people interpret secularism as a religion in itself that encompasses all aspects of private as well as public life, so that the prevalent religions can then be dispensed with. But this is extremism, something which is to be found in all religious groups and ethical systems. In Islam itself extremists interpret Islam as if it were a religion purely of politics and war. This is, however, an over-exaggeration and is far from being Islam’s true representation.
It is a fact that secularism and a uniform civil code are at opposite poles. The secular group of India, if it is so in the true sense of the word, should not talk of a uniform civil code, since the basic principle of secularism is religious freedom and freedom in the private sphere. The other group, who wants to proceed on the basis of Hindu ideology, should know that attempts to bring people belonging to various groups under the same civil code is against its own cherished concepts. The basic principle of Hindu ideology is sarva dharma sambhava, that is, all religions are true. One of the fundamental beliefs of Hinduism is unity in diversity. To it, reality has many forms in appearance but the inner essence is one and the same. Hinduism thus believes in seeing oneness in manyness. A civil code, or any code for that matter, has to do with externals and not with inner spirit. It therefore, goes against the Hindu point of view to attempt to enforce a single civil code by eliminating the personal laws of various groups.
All the developed countries of the West believe in and follow the principle of a multi-cultural nation. From tiny countries such as Singapore to countries like the United States, all are making progress by adopting this same principle. The Soviet Union is perhaps the only country where attempts were made at the state level to develop a uni-cultural nation. State power was employed to achieve this goal. But far from achieving their goal, the Soviet Union itself disintegrated.
What is actually needed to make India a united, peaceful and developed country is national character.
The truth is that uniformity in these matters has to do with human history rather than with the law. If through the historical process, a uniform culture comes into existence in a society, a uniform code too will follow. Legislation must follow upon and be in consonance with natural trends.
THE ACTUAL NEED: NATIONAL CHARACTER
What is actually needed to make India a united, peaceful and developed
country is national character. All deficiencies and shortcomings, all
corruption in the country, are traceable to one cause—the inability to
produce national character among the people.
A national approach is just the opposite of a personal approach. In the latter, importance is attached to individual interests rather than national interests. Whenever there is a clash between the two demands, individual interest ought to be subordinated to national interest. If any foreign country wants to buy you, your love for your country should stop you from selling yourself. Even if non-payment of tax is to your individual interest, you ought to pay tax as it is in the larger interest of the nation. Adulterated goods bring you more profit, but you must refrain from adulteration as this will hamper the progress of the country. Despite personal grievances, you should not harm state property. Nor should you attempt to stop the economic cycle, as this would spell ruination for the country. If you lose an election you should in your heart of hearts accept your defeat. A refusal to accept defeat results in the perversion of the entire political system. If you hold an office of responsibility, you must avoid reprehensible conduct for monetary benefit, because such behaviour has an adverse effect on the economic structure of the country. Once you have managed to capture the seat of power, you should not wish to cling to it forever; such political selfishness brings the democratic structure of the country to the verge of annihilation. If you are a leader, you should not give your entire attention to your own election interest; if you stoop to arousing fear and hatred in one group or the other to create your votebank, you are in a sense reducing the country to political bankruptcy.
Whenever there is a clash between personal demands and the demands of the nation, individual interests must be subordinated to national interests.
True patriotism is essential for the advancement of the country. But this is the very thing which does not exist in our country. It appears as though everyone has become a self-lover instead of a lover of his country. Everyone has allowed the interests of the country to be eclipsed by his own personal interests. It is this self-worship which has brought the country to the ruination about which there is general lamentation. Patriotism can never be produced from superficial steps like adopting a common civil code. People’s thinking will rather have to be turned in a constructive direction. For this we shall have to educate the public by availing of all resources. We shall have to launch an ongoing and extensive campaign of intellectual awakening and awareness. This is undoubtedly a monumental task. But it has to be conceded that there is no substitute for it. There is simply no alternative.
Islam
Islam is a scheme of spiritual development.