At least discuss Uniform Civil Code possibility
The Supreme Court has rightly put the ball back in Parliament's court by saying that the latter alone had the authority to legislate a Uniform Civil Code. There had grown an impression in recent times that, with the apex court referring on more than one occasion to the desirability of a common code, the judiciary would take the initiative in that direction and perhaps push the Government to bring in the new common civil law. That belief has been quashed, and rightly so, by a three-member Bench of the Supreme Court led by Chief Justice of India TS Thakur, which emphasised that it could not direct the Union Government to enforce a Uniform Civil Code. It is only appropriate that Parliament, which is the law-making body in our democratic system, deliberates and comes to an acceptable arrangement on this contentious issue. One thing is clear: Allowing the matter to linger forever is not a good option. Not only have there been voices outside the minority communities seeking a common code, but there have also been demands from progressive elements among the minorities for the same. If different personal laws for different religious communities have continued to co-exist for decades since independence, when commonsense says that all citizens should be governed by one law of the land, even in personal matters, it's because the issue has got mired in politics. Many political parties have converted it into one of ‘minority' rights' and have refused to even consider a review of the personal laws because they believe it has helped them cling on to the minority vote-banks. Religious clerics have also played their part by spreading the impression that a review of the personal laws would be a body blow to their deeply held personal rights as minorities. The end result is that nobody has been willing to bell the cat.
This has led to litigations, with courts finding themselves faced with petitioners who have alleged gender bias due to the existing personal laws. The courts have naturally been in a fix: They can neither allow gender discrimination as a result of personal laws nor can they do anything to repeal or amend those laws (although the apex court has hinted in connection with a recent case that it may have to intervene if a minority woman faces harassment on account of the personal laws she is governed under). But because the courts have been flagging the issue so often in recent months, it is possible that the Union Government may open channels of communication with all stakeholders to find a widely acceptable solution. This is easier said than done, as it requires an open mind from all parties concerned. The sensitive nature of the issue was evident even when the Constitution was being shaped, with framers including the enactment of a Uniform Civil Code as a ‘suggestion' in the Directive Principles of State Policy. That was six decades ago. It's time for a fresh approach, and the earlier the process is initiated the better it will be for Indian society.