PM Narendra Modi bats for 'secular civil code' in Independence Day speech

Prime Minister (PM) Narendra Modi on Thursday made a call for the introduction of a secular civil code as opposed to what he called a 'communal civil code.'.In his speech delivered from the ramparts of the Red Fort on the occasion of Independence Day, the PM noted that the Supreme Court has time and again called for the enactment of a uniform civil code (UCC). With Chief Justice of India (CJI) DY Chandrachud in attendance, PM Modi today pitched for the introduction of UCC as a secular civil code.In a speech delivered in Hindi, the Prime Minister said,"My beloved countryfolk, in our country, the Supreme Court has repeatedly discussed uniform civil code, and several times ordered for it. Because a big section of society believes - and this is the truth also - that the civil code that we have been living in is actually a type of communal civil code - a discriminatory civil code. Such a code when we are celebrating 75 years of the Constitution. That tells us, along with the Supreme Court, to implement (a UCC), and to fulfill the dreams of our Constitution makers is all of our duty."Article 44 of the Constitution of India mandates that the government shall endeavor to secure for all citizens, a UCC throughout the territory of India. Recently, the State of Uttarakhand enacted a UCC.However, a UCC is yet to be introduced for all of India and people are presently governed by their personal religious laws in certain matters. A UCC envisions uniform laws to subsume personal religious law in matters of marriage, divorce, inheritance, succession, maintenance, adoption and guardianship.The issue is a hotly-contested and polarising one in the country, and has been part of the ruling Bharatiya Janata Party (BJP) government's manifestoes over the years..PM Modi today said that the issue is a serious one that merits fervent discussion."Those laws which divide the country based on religion, that become a reason for hierarchy - these can have no place in modern times. And that is why I will say that is the need of the times to have a secular civil code in the country. We have spent 75 years with a communal civil code, and we have to move towards a secular civil code. Then, discrimination on the basis of religion, the common citizens feeling distant - we will get free from that.".The Supreme Court had observed in the Sarla Mudgal case that the introduction of a UCC is necessary but that the masses have to be persuaded to accept the same."Marriage, inheritance, divorce, conversion are as much religious in nature and content as any other belief or faith ... Reason and logic have little role to play. The sentiments and emotions have to be cooled and tempered by sincere effort ... The desirability of uniform Code can hardly be doubted. But it can concretize only when social climate is properly built up by elite of the society, statesmen amongst leaders who, instead of gaining personal mileage, rise above and awaken the masses to accept the change. The problem with which these appeals are concerned is that many Hindus have changed their religion and have become convert to Islam only for purposes of escaping the consequences of bigamy," the Court had observed in that case. As per media reports, a Supreme Court Bench of (now retired) Justices Deepak Gupta and Aniruddha Bose had in 2019 lamented the delay in devising and implementing a UCC.In 2003, then then Chief Justice of India (CJI) VN Khare had said that Article 44 was based on the premise that in civilised societies, there is no necessary connection between religious law and personal law. In 2015, a Supreme Court bench headed by Justice (retired) Vikramajit Sen had asked the government to take a swift decision on UCC to end confusion due to personal religious laws..In July this year, the Madhya Pradesh High Court said that UCC must not remain on paper alone, given that there are many depreciating, fundamentalist, superstitious and ultra-conservative practices in society clothed in the name of faith and belief.The Allahabad High Court had in November 2021 exhorted the Central government to implement the mandate of Article 44 of the Constitution of India in this regard.The Delhi High Court too too echoed such views in 2021. The Kerala High Court in the recent past called for framing a uniform code for marriage and divorce in India.Socio-religious organisation Jamiat Ulama-i-Hind has voiced its opposition to any such code being applicable to Muslims.Dravida Munnetra Kazhagam (DMK) parliamentarian and Senior Advocate P Wilson had earlier commented that the implementation of a UCC would destroy the diversity of the nation.The Central government has maintained that it will be difficult to give a rigid time frame for drafting and implementation of a UCC.The current government favours a Uniform Civil Code but enacting it is within the domain of the parliament and not courts, Solicitor General (SG) Tushar Mehta had told the Supreme Court in March 2023..[Watch PM Modi Speech below on UCC (2:30:42 to 2:32:19)]