Kodaikanal Gandhi Prize 2023, Second Prize (shared) – Samaira Gargi

Kodaikanal Gandhi Prize 2023

Second 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

Samaira Gargi

DPS Bopal, Ahmedabad

Uniform Civil Code is to formulate and implement personal laws of citizens which applies to all citizens equally regardless of their religion, gender and sexual orientation. This is to replace the existing diverse personal laws based on religion with a legal code that applies uniformly to all the citizens. Implementation of a uniform civil code is one of the contentious promises pursued by India’s ruling party Bhartiya Janata Party. This has been a Subject of debate in India as herein all the religious communities have their own sets of personal laws.

Gandhian mind-set refers to beliefs inspired by Mahatma Gandhi’s principles. Its key practices include ahimsa (non-violence), satyagraha (truthfulness), swaraj (self-reliance), simple living, interfaith harmony, morals and ethics, and the pursuit of justice and equality. It emphasizes simplicity, humility, and the idea of serving each other. 

I believe yes, that a Gandhian today would support the Uniform Civil Code because the word uniform in its uniformity aligns with ideal of the Gandhian mind-set; in other words the elements of the UCC align with the main 5 principles set by M.K. Gandhi in pre-independence India which led to a mildly peaceful independence procession. 

Under the Gandhian mind-set the core elements that must be implemented in the Uniform Civil Code would be defined as transparency, decentralisation at a deeper level (local government), complete eradication of caste discrimination, and eradication of poverty, equality and basic education as these are just the common rights that a human being deserves just for existing as believed by Gandhi ji. Let me elaborate on this more:

Transparency: 

Transparency here would mean transparency by the government in making decisions. Whether it’s Legislature, Executive or Judiciary all the governments need to show the transparency in their work as it makes a government more open, accountable and accessible to its citizens, keeping them well informed about the government activities and decisions. There are several acts imposed to implement this principle, to name a few: Right to Information Act (2005), budget transparency, social audits, etc. These acts are for the welfare for the citizens when used correctly and coherently, as they can be hindered by the corruption that runs alongside the politics of the country.

Although, as written earlier, there are acts imposed, these acts need to be taken seriously under the UCC as this civil code will be imposed on each and every citizen of India.

Decentralisation on Deeper level: 

Although the imposition of the third level i.e. the local government, has taken place, they lack economic and decision making autonomy. The lack of autonomy makes them vulnerable to the powers of the state, the eleventh schedule is not enough to specify the power of the local government as this is the government directly in contact with the daily affairs of the people. Implementation of decentralisation on deeper level would encourage 

a) An efficient decision making that can boost the growth of the country as they understand the challenges and needs of the people in a better way which can make the government more responsive and responsible with their actions.

b) Promotion of civic participation as directly connected to people, which in turn would develop great governments as a government in India is by the people 

c) Efficient allocation of resources which would boost the innovation and the experimentation which will help all the regions as each region has diverse challenges and different situations, and this in turn would foster economic development and independency 

d) Maintaining cultural and regional diversity without overshadowing or raising up only the major community, which will empower all the communities to be a part of active decision making.

Complete Eradication of Caste Discrimination:

This is an important element or principle that should be implemented in a UCC inspired by the Gandhian mind-set. This principle would mean that all the people, no matter which caste they are from, should be treated equally as in the pre independent times casteism was very prominent – and it still is in many parts of the country. It supports the basic rights of the citizens, that is, to be treated with human dignity, acceptance of inter-caste marriage, social integration, and breaking away from the rigidity of caste-based occupations. These are the basic fundamental rights of the people stated in Article 12-35 contained in the 3rd part of the Constitution that can only be overruled but the elements of the 9th schedule of the Constitution. Even though the provisions have been made and implemented there are a lot of times in daily life that they are violated and communal riots being a major part of such diverse country, they hinder the growth of the people. These riots have been going on since before the Independence and there’s only limited suppression that minorities can take as it is always the suppressed that act out as they don’t feel heard while their rights are violated.

Eradication of Poverty:

This is pen of the most important elements that should be in the core elements of the UCC as Gandhi once said “No one is born poor; society makes one poor” and followed it by calling poverty a moral collapse of the society making it one of the seven social evils. Poverty must be eradicated in a sense that it develops not only the human capital but also gives people the ability to afford basic and everyday needs. There are some citizens of the country that fall below the poverty line making them miserable financially and stressed socially. Working with this principle would give people a moral imperative in a socio-economic status and would create a more cohesive and inclusive society that can foster a sense of community and shared responsibility, mitigating social dividend and promoting cooperation. India will never be a developed country unless poverty is eradicated is a statement that should be believed by everyone as a country can never be developed if its citizens are not developed.

Should I do it or should I not do it but well it’s already done

 

Equality:

It should be the first and the foremost principle of modern India that must be implanted in the UCC, but in what sense? 

Equality is needed for the basic human dignity in other works everyone should be treated equally irrespective of their caste, gender, religion or socio-economic status. India was one of the first countries under the colonial rule to implement the suffrage for both common men and women at the same time. Political equality is also a hug element of this as inclusion of each and every individual in the political process is important as government in idea is of the people and everyone should have equal access to it. Sargodha i.e. welfare for all is what is believed by the Gandhi an mind-set and is one of the core beliefs of this philosophy, this commitment was envisioned for a society where benefits of development would reach the weakest and poorest, ensuring overall social and economic equality.

Basic Education:

Nai Talim is a concept articulated by Gandhi ji that refers to new education as he believed that everyone must get basic education. There are some definitions that emphasise this:

a) Holistic education focused on developing mind, body  and spirit aimed at nurturing individuals to become responsible and ethical members of the society 

b) Integration of work and education, in other words, with education there must always be productive work included; for example, manual labour or craft based skill must be included in the educational curriculum

c) Education for character building revolves around moral education and that an individual must have strong ethical values.

d) Also aiming at preserving cultural roots as India’s heritage is one that is ancient and unique at the same time. Fostering different types of rituals in in the same national context.

To be or not to be is the question that remains in my mind she

These are all the elements that should be implemented in the Uniform Civil Code from the view of a Gandhian as this will foster the collective sense of nationalism, social and economic dignity giving people social justice; foster a sense  of inclusivity, providing a forum for gender equality, establishing communal harmony, leading to simplicity and accessibility; provide autonomy to the local government; create a government free of corruption thus promoting an ethical government and empowering not only the future youth but also the present handlers of the country. 

These elements would strike a balance between uniformity and diversity in the complexity of India that usually needs and requires careful consideration of various perspectives. These are the elements that have been around the country just as an idea but now is the right to impose them as these are the approaches that are not only important to be imposed from the mind-set of a Gandhian but also important to be imposed to grow the country in the right direction.