Reject Uniform Civil Code

New Delhi: June 2, 2008: 0800hrs
With the BJP winning Karnataka, there is renewed talk by this party of Hindoos about their pet project: enacting a “uniform civil code”.

In other words, “legislation” will replace traditional “law” and every single Indian’s life will be governed by the majority – read BJP – point of view.

So, whether you are a Muslim or a Parsee or a tribal animist – the BJP knows best, and will show you how.

Such attempts at enforcing “uniformity” where none exists should be strongly resisted in this multi-cultural nation.

This further underlines the dangers associated with equating “legislation” with “law”.

Written law is not really required in a diverse nation where local customs differ widely. The “common law” tradition always placed great faith in local customs and usage, relying very little on written law.

Indeed, until the 1800s, the House of Commons passed very little legislation. Parliament’s only role throughout the period 1300-1800 was to pass the King’s tax proposals, and not much else.

Neither the King nor Parliament “made” Law – but the common law judges “found” law by looking into local customs, traditions and usages.

The BJP is trumpeting the cause of a “common civil code” only because these Hindoos are jealous of Muslims being allowed four wives by their religion. They want to pass legislation that will force them into monogamy.

However, the King of Bhutan also has four wives, and he is a staunch Buddhist. Indeed, Maharani Gayatri Devi was the third wife of Maharaja Jai Singh – and most Rajput rulers had multiple wives.

There are parts of India that are matriarchal and matrilineal. There are other communities which practice polyandry.

There is nothing “uniform” or “homogeneous” about India, and, in my opinion, that is the precise reason why Liberty should be allowed to prevail, so that all local customs and traditions can continue as always.

The lesson: Do not make the fatal blunder of equating “legislation” with “law”. Let us live with “law” as custom has it – the reethi-riwaaz, niyam-saadhan, thour-thareekay, kaydhay-kanoon of tradition. And let us distrust “new laws” being imposed on us from above, which is “legislation”.