August 1, 2023
Dear Readers,
Same rights for all citizens. The Constitution spells this out clearly. The Uniform Civil Code is expected to bring about uniformity in diverse personal laws prevailing in the country today. However, we have to go about this task cautiously. The challenge before the nation is to ensure greater gender equality, justice, and national unity and preserve the plurality of a secular nation like ours.
Another major challenge before us is to make our grassroots democracy violence-free and ensure its healthy growth. Looking beyond, we have to think about the problems of our tribals and work out proper solutions to their grievances. Our mantra should be: handle tribals with love and care.
Sincerely,
Hari Jaisingh
Tackling complexities of the Uniform Civil Code
Prime Minister Narendra Modi recently came out supporting the Uniform Civil Code [UCC]. He clarified that “the country cannot run with a dual system of separate laws for separate communities.” Modi’s statement comes when the country’s political calendar for the next year is packed with Assembly polls in five states and the 2024 Lok Sabha elections. It also comes less than a fortnight after the 22nd Law Commission of India sought fresh suggestions from various stakeholders, including public and religious organizations, on the UCC.
Interestingly, Modi’s statement is political in nature. It is directed specifically to the Muslim community. In this context, he attacked the opposition parties for using Muslims to further their interests at the cost of the country’s well-being. By flagging the UCC issue strongly in his address, Modi has left no one in any doubt that he intends to tackle the UCC issue sooner rather than later.
It needs to be noted that the Supreme Court had said in one of its rulings that “a common civil code would help the cause of national integration by removing diverse loyalties to the law which have conflicting ideologies.” The Prime Minister has emphasized that the UCC was an idea mooted by the makers of the Constitution.
When India became an independent nation in 1947, all communities were subject to separate civil laws that conformed to their own religion. Pandit Nehru considered this lack of uniformity in personal laws as a significant stumbling block in building a secular nation. While Nehru successfully imposed the UCC for Hindus, through the Hindu Code Bill, Christians, Muslims, and Parsis retained their personal laws.
In 1941, the B. N. Rau Committee was tasked with codifying Hindu law. The Committee recommended that the Indian government adopt a uniform civil code for all citizens of India and argued that it would help promote national unity and equality among all citizens, regardless of their religion. The Committee’s stance was based on the following pleas:
Personal laws of different religious communities in India are often discriminatory against women and other vulnerable groups.
A uniform civil code would help to ensure that all citizens are treated equally under the law.
A uniform civil code would help to promote national unity and integration.
It would help ensure that all citizens are treated equally under the law.
It would help to protect the rights of women and other vulnerable groups.
It would bring India in line with other countries that have a uniform civil code, such as France and Turkey.
The debate over the benefits and liabilities of a uniform civil code will likely continue. This is a complex and multifaceted issue. All arguments for and against a UCC must be considered as India moves towards a more just and equitable society. Some crucial questions to ask are:
Are the personal laws of Hindus uniform and progressive? Are they progressive on gender equality? The Hindu Succession Act was adopted in 1956 to amend and codify laws pertaining to intestate succession among Hindus, Buddhists, Jains, and Sikhs based on the recommendations of the B. N. Rau Committee. However, the Hindu Succession Act differentiates between men and women in intestate matters.
The questions which remain to be addressed now are:
What are the implications of a UCC for tribals? Would the UCC take away the autonomy in the personal laws of tribals? A UCC could help to protect the rights of tribal women and other vulnerable groups by outlawing practices such as child marriage and dowry. At the same time, it could also lead to conflict and resentment as it would be viewed as undermining the traditional customs and practices of tribal communities.
How would the UCC be implemented? Can it be implemented so that it does not isolate and target the personal laws of any particular community? Also, what would be the level of consultation with tribal communities?
Triple talaq is part of India’s Muslim Personal Law. Is this law living its original intent? Though triple talaq, the Quran, in fact, suggests a staggered way in order to give couples the opportunity to end a marriage only upon careful deliberation. It recommends a dialogue over a 90-day period following a verbal invocation. If both parties reconcile during the timeframe, the marriage survives, but it becomes invalid after 91 days.
It is essential to weigh all arguments carefully and consider how a uniform civil code would help address discriminatory practices from some personal laws that lend more power to specific groups of people. How can the uniform civil code preserve the plurality of a secular nation?
Ultimately, the key to the success of a uniform civil code in India will depend on how it is implemented, which involves raising public awareness and deep engagement with the various communities to align with the values and aspirations of all Indians. Prime Minister Modi should consider this a task worth pursuing if he genuinely intends to bring India closer to greater gender equality, improved access to justice, and enhanced national unity.
July 7, 2023
No place for disruptive acts in India’s grassroots democracy
We will have reasons to be deeply concerned if our grassroots democracy becomes violent. As many as 16 persons were killed and several injured in Panchayat elections in West Bengal last week. The dead included 7 workers of Trinamool Congress – two each from the CPI (M) and the Congress, some BJP workers, and one person with no political affiliation. Some persons had been shot or hit by crude bombs.
Panchayat polls in West Bengal have been marred by violence for years. In recent years, the violence has become increasingly intense. The 2018 panchayat elections were the bloodiest in recent history, with 37 people killed. The first major incident of violence occurred in 1978 when the first panchayat elections were held in the state. Since then, numerous incidents of violence have occurred, including murders, arson, and attacks on polling booths.
Such incidents do not speak well of our grassroots democracy. West Bengal Governor C. V. Ananda Bose has stated:
"What I have seen on the field is very disturbing. There is violence, murder, and intimidation. One thing I noticed is, it is the poor who get killed. The killers are also poor. How come the leaders are not there? Who is driving them? We should kill poverty, instead we are killing the poor. This is not what Bengal wants, it is not what Bengal deserves."
Then, the question which legitimately arises is: what has gone wrong, where, and why? These questions are often raised since the democratic set-up by the Constitution has proved to be fragile and vulnerable.
There are several reasons violence in West Bengal's local elections can be attributed: political rivalry between significant parties and lack of effective law enforcement. The root causes of panchayat poll violence in West Bengal must be addressed. This includes reducing political rivalry, tackling corruption, and improving economic opportunities.
Dr. B. R. Ambedkar had his foresight and way of looking at futuristic politics, particularly at possible dictatorial tendencies that might appear, even though the Constitutional framework has been worked out elaborately. Ambedkar was clear about futuristic trends in Indian politics. That is why his word of caution on "hero worship," which, he thought, could be a sure road to degradation and to eventual dictatorship.
This may be a simplistic way of looking at Indian politics. What is essential is the vitality and effectiveness of institutions to check the misuse and abuse of power by political masters and their backroom persons. It is also important to remember that parliamentary democracy would survive if internal democracy is maintained by the ruling party and the opposition.
However, today we find the increasing absence of democratic thinking and functioning on the part of the powers-that-be and among the opposition parties. The distorted setting, unfortunately, provides the authorities an excuse to silence the opposition and voices of dissent.
The government owes it to the nation to curb violence and other disruptive activities of the opponents. The opposition is also expected to be vigilant to see that in the name of reducing disturbing actions of the opponents, the ruling party does not destroy the foundation of democracy and assumes a dictatorial or authoritarian form.
However, we must see to it that the functioning of government must be clean and transparent and seen to be so. This is in the interest of our democratic institutions at all levels, from panchayats upwards. We must not allow government authorities to play with citizens' democratic rights and constitutionally blessed institutions.
India has elements of greatness. It has a rich past and dynamic people. All that is required is to build a dynamic system and congenial work atmosphere to make a difference. The present system of governance needs to be revamped and rebuilt on a new edifice of transparency and accountability at all levels of national activity.
In this context, the country needs a massive overhaul of all instruments of governance and feudal mindset. The moot point is: who will take the initiative? It is for the people to assert themselves and put our leaders on the right track.
In its historic judgment in Amarnath Chawla versus Kanwarlal Gupta case, the Supreme Court was forthright. It said:
"The small man's chance is the essence of Indian democracy, and that would be stultified if large contributions from rich and affluent individuals or groups are not divorced from the electoral process."
However, it is regrettable that despite court verdicts, political parties have gone ahead merrily with their abuse and their pursuit of "note through votes" and "vote through notes." The "silent majority" of the people have only worsened the situation. The free play of moneybags has dehumanized politics and devalued the country's traditional value system.
Violence has deterred people in West Bengal from participating in the electoral process, damaged the reputation of the panchayat system in the state, and led to insecurity among people. There have been attempts to address the problem of panchayat poll violence in West Bengal. The state government has deployed additional security forces during elections, and the Election Commission has taken steps to improve the conduct of elections. However, the violence has persisted, and more needs to be done to address the problem.
Can we fight a relentless battle against dubious political practices which go against the healthy growth of democracy? A workable solution can be devised from the simple and effective system of state funding of elections. India's Election Commission needs to investigate this matter for the sake of evolving healthy growth of Indian democracy from the grassroots upwards.
July 14, 2023
Handling tribals' problems with love and care
In a heart-moving communication to President Droupadi Murmu, Jharkhand Chief Minister Hemant Soren said there is a "grave sense of insecurity among the ethnic groups" residing in Manipur. He firmly stated that "our tribal brothers and sisters" cannot be treated in an "appalling, barbaric way." In anguish, he also pointed out that "silence in the face of cruelty is a terrible crime." Indeed, it is.
I understand Soren's agonizing voice about the harsh realities in Manipur. Tribal groups have their dreams and aspirations; some ambitious, and others reasonably modest. However, somewhere the tribal rhythm seems to have been lost.
The problem of the tribals, however, is one of more than just keeping with the traditions. At the center are crucial and sensitive issues of economic exploitation. Though peaceful and lovable, Indian tribals, scattered in various pockets, are a restive lot today due to their interaction with the outside world.
Having been aroused in their hopes and aspirations, they are often in a fix – with a sort of dilemma – that results from the desire to look for honest answers to their problems as they begin to assert themselves. How can we explain such a massive tribal upsurge? We cannot dismiss this as nonsense. Nor can we dismiss it as merely militant groups' political and ideological exploitation of the locals.
The fact is that readymade explosive stuff exists, and its reasons are also known, but what is to be done even if obvious correctives still need to be initiated? The failure of the Centre and state authorities to respond adequately and appropriately to the tribals' genuine demands for livelihood and cultural survival is regrettable.
Finding viable solutions for accommodation and adjustment within an overall national framework is one of the major problems of modern India. What we see today is a piecemeal response, while a holistic approach has to be evolved for their welfare to uplift them within cultural sensitivities and national framework. It must be appreciated that the tribals are a vital component of Indian life and have a distinctive culture that enriches our national life.
What the tribals want is an improvement in their quality of life. This need not be forced on them from above. The indigenous quality of life can be improved without disturbing their equilibrium. What is essential is the evolution of scientific temperament and national outlook.
The urban outfit must not be transplanted on them in the name of modernization, development, and change. It must be pointed out that there is considerable tension in India's tribal belt, including in the vulnerable region of the Northeast.
There is often mention of the role of "foreign hands" and missionaries in the region. Social-economic interaction has also acquired religious and political color. Foreign hands get involved because of our poor housekeeping and inability to tackle domestic problems speedily and firmly. Allowing things to drift regarding tribals, however politically tactful, is not in the national interest.
My point is simple: national leadership must learn to respond to the grievances of tribals. They must be extra sensitive to their mood and problems. The leadership must also analyze tribals' issues and determine available options quickly and judiciously.
What is equally important is the option, once exercised, should be implemented comprehensively and whole-heartedly. A democratic government must constantly respond to tribals' hopes and needs. The ruling mantra must be to preserve tribals' cultural richness while giving them the advantage of quality education, healthcare, modern amenities, and new socio-economic opportunities. This is undoubtedly not a tall order.
July 28, 2023