As India approaches its 76th Republic Day, the question of whether laws should be shaped by religion or remain universally applicable becomes ever more urgent

Prime Minister Narendra Modi, in his Independence Day address from the ramparts of the Red Fort, dispelled all misconceptions and rumours about the stability and strength of his coalition and showed that he has complete control over the government. His address also revealed that his goals have remained the same. His speech was filled with energy and strong determination, as it always is.

He stressed the implementation of the Secular Civil Code (SCC). He said the Supreme Court has repeatedly discussed and given orders on the Uniform Civil Code (UCC) because a large section of the country feels, and it is correct, that the present civil code is a communal and discriminatory civil code. There is no place for them in modern society.

The need of the hour is a Secular Civil Code (SCC). The Prime Minister's use of the phrase “Secular Civil Code”was interesting. A “Secular Civil Code” (SCC) was used instead of the possible "Uniform Civil Code" (UCC) so that opposition parties could support it appropriately. On November 23, 1948, Article 44 was introduced in the Constituent Assembly by Dr B R Ambedkar as draft Article 35 and was unanimously passed. "Uniform Civil Code for the citizens – The State shall endeavour to secure a Uniform Civil Code throughout the territory of India for the citizens." So states Article 44 of our Constitution. During the Constituent Assembly discussion, amendments were moved by Hussain Imam and some other members, "That any group, section or community or people shall not be obliged to give up its own personal law in case it has such a law, and, provided that the personal law of any community which is guaranteed by the statute shall not be changed except with the previous approval of the community."

Dr. B. R. Ambedkar, in his reply to the discussion, stated that our country has a Uniform Code of Laws covering nearly every aspect of human relations. We have a uniform and comprehensive criminal code throughout the country, contained in the Penal and Criminal Procedure codes.

We also have the law of transfer of property, which deals with property relations and applies throughout the country. Additionally, there is the Negotiable Instruments Act, among other acts, which proves that this country has practically a civil code that is uniform and applicable throughout the country. Dr Ambedkar argued in the Constituent Assembly that the Uniform Civil Code should be viewed as a secular law applicable to all.In 1985, the former Chief Justice of India, YV Chandrachud, shared similar views during the 'Shah Bano' case.

This case revolved around Shah Bano Begum, a Muslim woman who had sought maintenance under Section 125 of the Code of Criminal Procedure after her divorce.

The initial judgment ruled in her favour. However, her husband, Mohammed Ahmed Khan, appealed to the Supreme Court, arguing that Section 125 should not apply to Muslims as it contradicted Muslim Personal Law. The Supreme Court disagreed with this contention, asserting that Section 125 applies to all individuals, irrespective of religion or personal law, and dismissed the husband's petition. Eminent Muslim jurists like Chaudhary Haider Hussain and former Chief Justice of Bombay High Court M C Chagla had also strongly upheld Article 44 (UCC).

In the case of John Vallamattom vs Union of India in 2003, the Supreme Court once again expressed regret that Article 44 of the Constitution had not been implemented. The Supreme Court also asked the government if they were ready to implement the Uniform Civil Code.

Next year, on January 26, 2025, when we celebrate the 76th Republic Day, we must ask ourselves: "Do we want to continue living in an era where laws are based on religion, gender, or any other class or community?"

If the answer is NO, then the Secular Civil Code (SCC) must be implemented. Implementing the Uniform Civil Code (UCC) would be equivalent to fulfilling the vision of Dr. B. R. Ambedkar because the codification of laws should be independent of any specific religion. The current times require a secular civil code, leading to freedom from religious discrimination.

(The writer is Professor of Finance - XLRI Xavier School of Management and BJP Leader; views are personal)