Striking an equilibrium between Articles 25-28 and Article 44 of the Indian Constitution while implementing the Uniform Civil Code (UCC) is not merely a political ploy but a thoughtful pursuit of harmonious governance. The urgency for a UCC should be driven neither by emotional arguments of majority or minority communities nor by political theatrics. Instead, it demands intellectual labor, rigorous deliberations, and a careful examination of its impact on the diverse fabric of the nation.
Article 44, a Directive Principle of State Policy, promotes the UCC as a means to cater to the evolving nature of the country and its society. While considering this code, due respect must be given to the unique cultural identities of different communities.
A landmark case, Sarla Mudgal vs Union of India (1995), reinforces the need for a UCC to address complexities concerning personal laws. The judgment emphasizes that Article 44 mandates the state to secure a UCC for all citizens, which can rectify discrepancies and ensure gender justice and equal rights.
However, opinions on this matter have been divided. While some experts support the judiciary’s stand in Sarla Mudgal, others criticize it, arguing that enforcing Article 44 falls within the executive and parliament’s purview, not the judiciary’s.
A well-crafted UCC should address discriminatory practices in personal laws while respecting the diversity of India’s cultural practices. It must not serve as a tool to impose majority beliefs on minority communities but should be implemented voluntarily, considering the sentiments and preferences of religious groups to foster harmonious evolution.
The inclusion of the UCC in the DPSP should be seen as a guiding principle rather than a rigid mandate. Policymakers should focus on drafting comprehensive laws that respect religious freedoms and practices while aligning with constitutional objectives.
The quest for equilibrium between these constitutional provisions requires unbiased deliberations, deep understanding of India’s diversity, and cultural fabric. Achieving this balance can promote gender justice, equal rights, and social harmony without compromising India’s unity in diversity.
To build a progressive, inclusive, and just society, policymakers must recognize the value of Article 25-28, which enshrines the right to freedom of religion. The 22nd Law Commission is expected to approach the issue impartially, engage in consultation, and consider all stakeholders’ viewpoints before making recommendations or proposals on the matter.