Before UCC, Centre should address Manipur, Kashmir violence: Ex-Judge

Sowmya Raju | NT

Bengaluru: In a panel discussion on the Uniform Civil Code (UCC) at KAS Officers' Association Hall presided over by Justice V. Gopala Gowda, former Judge of the Supreme Court of India on Saturday, October 7, several distinguished panellists participated to share their views and opinions.

The UCC is a proposed legal reform in India that would replace the diverse personal laws applicable to different religious communities with a common set of civil rules.

The debate over the UCC has been ongoing for many years, and the panel discussion at FDCA-K provided an opportunity for experts from different fields to share their perspectives on the issue.

Justice H. N. Nagamohan Das, Former Judge of Karnataka High Court, argued that the Uniform Civil Code (UCC) is not defined in the Constitution and that the central government has not clearly articulated its vision for the UCC.

He also said that the Modi government should address the massacres in Manipur and Kashmir before pursuing the UCC. He added that, before implementing the UCC, the government should focus on enacting laws to protect the rights of adoptive and biological parents.

Ravivarma Kumar, former Advocate General and Senior Counsel of the Karnataka High Court, argued that it is impractical to implement UCC because religious practices are fossilised and would be seen as a way to make India a Hindu state.

He said, "The Prime Minister should come up with a proposal that is fully supported by science and facts. Otherwise, the UCC will be a hoax."

He called on the PM to implement a UCC that prohibits all evil practices in all religions and bans castism and all forms of discrimination.

He said, "You can be different without discriminating.” Dr. Belgami Mohammed Saad, State President of Jamaat-e-Islami Hind, expressed his views as a citizen of India and a representative of the Muslim community in the city.

He argued that UCC violates Articles 25 and 29 of the Indian Constitution, which guarantees the right to freely profess, practice, and propagate religion, and the right to the protection of the interests of minorities, respectively.

He said, "We have an Islamic law that has been followed for over 1,400 years. Although it is often portrayed as unjust, its laws are very harmonious when followed properly."

Shivasundar, a senior journalist, spoke about the importance of minority rights and how democracy is not just about holding elections, but also about communication between the people and the government.

He said, "The UCC is neither desirable nor necessary at this point."

He argued that the UCC talks about uniformity between religions, but that it is more important to talk about uniformity within religions and communities first.

He added, "The UCC is a political project with an agenda to make India a Hindu state and portray every other religion as evil."

Cynthia Stephen, an independent journalist and activist, spoke about the need to protect the rights of women and minorities under UCC. She said it is important to ensure that the UCC does not discriminate against any group of people.

She questioned whether the central government has the capacity to implement something as complex as the UCC. Arguing against the UCC, she said that society is highly fragmented and there is no space for equality.

Taking the example of the panel, where the ratio of men to women was 4:1, she said, "Our society is deeply rooted in patriarchy, and the UCC will be pointless when we are denied our basic rights."

Justice V. Gopala Gowda described the Uniform Civil Code (UCC) as a complex issue with far-reaching implications. 

What is UCC?

The Uniform Civil Code is a proposed legal reform in India aimed at replacing diverse personal laws applicable to different religious communities with a common set of civil rules.

Diverse perspectives: The panel discussion featured a range of perspectives on the UCC, with participants expressing concerns about its practicality, potential implications for religious and minority rights, and constitutional compatibility.

Constitutional concerns: Several panelists, including former judges and legal experts, raised constitutional concerns about the UCC, suggesting that it may violate fundamental rights and the preamble of the Indian Constitution.

Patriarchy and women's rights: Cynthia Stephen emphasized the importance of protecting the rights of women and highlighted the deeply rooted patriarchy in society, questioning whether the UCC would address the basic rights denied to women.

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