Kodaikanal Gandhi Prize 2023, First Prize (shared) – Jasnoor Matharoo

Kodaikanal Gandhi Prize 2023

First Prize (shared)

Essay Topic: Would a Gandhian today support a uniform civil code? If yes, what would he/she say should be its core approach or elements? If no, why not?

The Kodaikanal Gandhi Prize

by

Jasnoor Matharoo

Yadavindra Public School, Mohali

We’ve all heard about the Uniform Civil Code but are we actually aware of what it means? India is a country of diverse traditions, beliefs and language. Every aspect is unique and valuable in its own way and contributes to the beauty and strength of an entire nation. But, among these positive aspects exists a lot of tangles that run counter to our core values of equality, fairness and respect for all, for which the Uniform Civil Code comes in consideration of whether it’ll be a boon or a bane for our country.

First, let us consider Gandhi’s unwavering commitment to equality and justice. He is likely to support a single public bill addressing discriminatory practices in existing private law, particularly those that prevent equal rights for women, such as unequal property rights. However, his peaceful nature and devotion to the truth would guide his approach. Instead of advocating a uniform mandate, Gandhi might support greater consultation with communities. Emphasis on respectful dialogue will ensure that their concerns are heard and addressed, the communities should strive for legislation that truly represents their needs and is truly successful once implemented. This principle of inclusion would be in line with his respect for diversity; he acknowledges that India’s vibrant textiles are inspired by many traditional weaves and cultural expressions.

Gandhi believed that one-size-fits-all solutions often ignore the unique needs and traditions of different communities. Instead, he advocated the word "Swaraj" which means self-government, encouraging communities to take ownership of their problems and find solutions through local initiatives. This may include the creation of a village council to mediate conflicts and initiate health and sanitation campaigns led by local volunteers, or reviving traditional crafts to generate income.

In an equitable civil code, the Gandhian spirit of local control can translate into meaningful dialogue at the village level. Think of these conversations not as heated discussions, but as open discussions where older people share their customs, women share their concerns about discriminatory practices, and younger people offer new perspectives.

Ideas can emerge from these conversations, and are not imposed from above, but built from the ground up. These proposals should address the specific needs identified by communities, respect their traditions and adhere to broad principles of equity and fairness. However, Gandhi recognized the need for balance. While advocating local solutions, he never lost sight of the need for national unity. He envisioned community infrastructure that would contribute to the master plan, providing equal opportunities and protections for all citizens, regardless of location.

Moreover, Gandhi’s flexibility and understanding of the needs of a changing society would influence his vision of a uniform civil code. He would not advocate rigid and inconsistent laws. Instead, he would prefer a flexible framework that can change over time, with both local change and community-driven change. This approach acknowledges that traditions evolve, and legal systems still address contemporary challenges.

Known for promoting non-violence and unity, Gandhi could argue that a Constitution should transcend religious boundaries and bring harmony to the various communities we belong to. Some say the establishment of a constitution could be considered as a violation of religious freedom, a value Gandhi valued. This aspect can cope with Gandhi’s determination to work together and his respect for tradition requires a more sophisticated approach that allows for individual codes.

As a strong believer in Gandhian principles and a citizen striving for a more just India, I believe that any one Constitution can be an instrument for positive change, but only if it’s put together with careful and collective consideration. It was Gandhi, an advocate of unity and equality, who saw the need for social reform. He found that countless individuals and communities were held back by traditional practices such as child marriage or gender discrimination.

"Every custom, though it may have held good once, loses its beauty the moment it becomes harmful to society." This quote from Mahatma Gandhi reflects the importance of rethinking and adapting traditions to the needs of a changing and rapidly developing society. It means that cultural practices must be respected, harms or inequities must be addressed and improved. I firmly believe that if a Uniform Constitution is drafted with the right intelligence, there can be a way to address these harmful practices and ensure equal and greater rights for all, and thus for a nation it is a modern and successful fruit.

True unity does not mean forcing everyone to sing the same song. It’s about finding unity where every voice, every tradition, is in harmony with equality and justice as a guiding chorus. However, Gandhi excelled in diversity and cultural understanding. He believed that true unity comes not from homogeneity, but from a celebration of uniqueness that makes us who we are. "Unity in diversity is India's true strength," he said. So, the Uniform Constitution treads well. Imposing the same legal system without recognizing and respecting traditions and customs is disastrous and comes to silence minority voices and undermine the very interests of our nation.

Think of it as a uniform code of not just a single thread, but a skilled weaver directing the threads into a harmonious arrangement. To do this, we need to have open and respectful communication. Communities need to be allowed to voice concerns, voice their opinions, and reach consensus with one another. It is through such dialogue that we can develop societal norms that uphold universal values such as equity and fairness.

I want this discussion to go beyond just a legal debate. Given that traditions evolve and change over time, we need to enter into a spirit of empathy and understanding.

Practices that served our ancestors well may not hold the same relevance in a rapidly changing and modernising world, but Gandhi himself constantly re-evaluated his beliefs and practices according to the needs of his time. I know this process will not be easy and there will be a mountain of disagreements, complications and compromises. But if it is carried out with Gandhian guiding principles – equality, non-violence and respect for all – then we can dress in uniform. A civil code that strengthens the bonds of unity while celebrating the vibrant colours of our diverse nation.

To conclude, I would like to say that a uniform civil code is not a magic solution. It is a tool whose effectiveness depends on how we use it. Let us introduce ourselves to the wisdom of Gandhi and ensure that justice and equality is a form, an expression of respect and a celebration of the unique threads that make India an incredible country.