The constitution we adopted was an emulation of several working constitution of the world. The Constituent assembly had no hesistantion in declaring our Repulic as secular though Secular word was inserted rather late in the preamble of the constitution. The constituion guarantees right to Preach,Practise and Profess a religion of ones choice and freedom of conscience, its a fundamental right if impinged or violated, the aggrived person can move the court by way of writ petition to get approriate remedy.Every fundamental right is subject to reasonable restrictions in keeping with public order, morality, health, contempt of court and incitement to an offence and no fundamental right is unfettered and absolute.under normal circumstances these fundamental rights can be availed of in totality but during emergency they are curtailed considering the political scenario then.
In India any law regulating religion, religious institution, religious conversion and personal laws of religion evokes feelings of intolerance and is construed as something which hurts religious sentiments and the state is unjustly interfering with right to practise ones religion. This sort of perception and contention is misguided and holds no water. Laws ought to keep pace with time and changing circumstances,political scenario, social circumstances and economic developments.The personal laws of hindus, muslims and christians also parsis need to be relooked in the light of modern and contemporary state of affairs bearing in mind its sanctity and relevance in this day and age. Gender justice is a significant issue in human rights jurisprudence in recent times and unfortunately the personal laws dont place men and women on the same footing and at par when it comes to rights relating to property,mode and method of divorce etc.
No nation in the world which professes to be secular has a separate code of laws governing marriage, property and divorce on the basis of religion except for india which reflects our polity in poor light in the international arena. Common Civil Code is a progressive legislation which will seek to remove discrepancies between different personal laws, ensure gender justice and do away with legal complications of sorts. Uniform Civil Code is a constitutional obligation as its part of directive principles of the constitution. However The Common Civil Code we adopt and incorporate must neither be a Hindu dogma imposed on minorities nor a minority scripted treatise thrusted on the majority community but something churned out by way of consenses, discusssion, debate and public dialogue in the right forum. India in order to prepare a draft of it can take a cue from countries who successfully follow Uniform Civil Code in letter and spirit rather than trying to concoct our own draft if we lack the acumen for it.
Uniform Civil Code will be a progressive legislation aiming at polity and civil society based on laws which are just in every respect and flexible to the imperatives of changing times and circumstances in other words a dynamic law not static.
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Appeasement of any group by creating barriers in the way of reforms is a way of retrogression worse than even avowed communalism or sectarianism. The currently ruling party indulges in selective group-appeasement and tries to portray minority-appeasement as secularism, which is in fact, the very antithesis of secularism. It is a cloaked communal ideology.
Uniform civil code is the need of hour. if a nation has to prosper in the proper way and equality to its citizens is to be awarded then only common civil code can achieve this goal. You have given in detail the need of this code so I welcome it.
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