Pic: Abhijith N Kolpe
Media Release
Mangaluru, Jul 12: The Catholic Sabha Central Committee on Wednesday July 12 said that the central government, instead of creating confusion amongst minorities and other communities should first bring out a draft law on the Uniform Civil Code (UCC).
Addressing media, Allwyn D’Souza president of Catholic Sabha Central Committee said, “India has been described as an ‘Ethnological museum’ owing to its diverse culture. This diverse culture is due to more than 10 religions living side by side of each other, 3,000 castes, 25,000 sub-castes, around 1,109 scheduled castes and 744 scheduled tribes in India. All these religions, castes, sub-castes, scheduled castes and scheduled tribes have their own distinct culture, customs, traditions language, form of marriage, inheritance, food habits, dress habits, way of life etc which have been followed since time immemorial. These distinct culture, traditions, religious beliefs etc has been protected by the Constitution of India through its fundamental rights. Even while framing the constitution of India, unity in diversity was the motto.
“The customs and traditions in various communities in India were codified into personal laws in India in regards to marriage, divorce, inheritance adoption etc. Even though most of the laws in India are uniformly applicable to all citizens in India irrespective of religion, caste, class, race etc only the personal law's which form part of their respective customs and traditions have been distinct in respect to marriage, divorce, inheritance adoption etc. These personal laws were enacted for preservation of customs and practices of various communities as most of these customs and practices are totally different and distinct from one religion to the other. For example the practice of marriage amongst Hindus is totally different to practice of marriage amongst Muslims, Christians, Sikhs, Parsis etc. Hence personal laws to preserve these unique practices are very much required and removal of these personal laws are detrimental to the customs and practices of particular communities which have been following these customs from time immemorial and which customs have already attained the force of law.
“The central government's recent pointer towards a UCC has created confusion amongst different communities. The law commission of India circulating a questionnaire and asking the views of different communities on the said questionnaire has given an impression as though the government wants to somehow bulldoze a so called UCC on all communities. When cultural practices and religion practices are so diverse and distinct, the personal laws are required to protect those practices. Trying to bring uniformity, where uniformity is not possible is striking a death knell and giving a go by to all the customs and traditions. The government's slogan of ‘Sabka Saath Sabka Vikas’ promotes diversity and not uniformity.
“Many supporters who have been batting for the promulgation of the UCC argue that the personal laws are riddled with biases and discrimination of different kinds and especially on women and to ameliorate their conditions UCC is a must. Any discrimination or error in any law could be rectified by bringing about an amendment which could resolve any bias or discrimination and removal of personal laws is not a solution. For example there have been 105 amendments to the Indian Constitution and certain additions and deletions have been made. This means that changes can be made to the existing laws and promulgation of new laws are unnecessary.
“The government if it is serious on the uniform civil code should first bring out a draft law and should circulate it amongst its citizens and then call for suggestions. By circulating a questionnaire, how the government is intending to bring about uniformity is not shown. With a draft bill the general public could give suggestions or are in a clear position either to assent to the bill if it protects their customs or oppose the bill if it's against to their interests. Even during the constitutional debates it was discussed that when bringing out the uniform civil code the assent of the respective communities whose personal laws would be taken away was required.
“The central governments instead of creating confusion amongst minorities and other communities should first bring out a draft law and should not hastily go ahead with the UCC. The government should not go ahead with the promulgation of the UCC or on the alternative the government could prepare a draft and circulate it amongst all and then could invite public opinion which could really sub serve democracy,” he said.
Legal advisor Praveen Pinto also addressed the media.
Former president Rolphy D’Costa, Stany Lobo, general secretary Wilma Monteiro were present.