Thiruvanathapuram :Both the ruling LDF front and Opposition led by Congress endorsed protest against the Centre’s plan to implement Uniform Civil Code in the country - a move that is set to adversely affect the cultural diversity and pluralism of India. Chief Minister Pinarayi Vijayan presented Resolution against UCC in the Assembly on Tuesday. The content reads as follow:
"The Kerala Legislative Assembly expresses concern and dismay at the central government's move to impose a Uniform Civil Code. It is the opinion of this House that the unilateral and hasty action by the Central Government would topple the Constitution's secular character.
The Constitution refers to Uniform Civil Code only in its Directive Principles. It is pertinent to note that the Uniform Civil Code was limited to Directive Principles. Implementation of Directive Principles is not mandatory. The court may order to enforce Fundamental rights. But the Directive Principles of Article 44 of the Constitution cannot be enforced even by the courts. It is essential to understand how much thought the founders of the Constitution had put in while arriving at such a decision.
Our nation ensures Secularism right through the preamble of the Constitution itself. The right of citizens to believe in any religion or lead one’s life according to any religion is ensured as part of the fundamental rights itself. Since religious freedom ensured by Article 25 of the Constitution comprises the right to follow and observe religious personal laws as well, any move to enact legislation, which bans any religious practice would amount to violation and abolition of fundamental rights ensured in the Constitution. When the right to live according to religious principles is a fundamental right, such legislation, if enacted would amount to the denial of fundamental rights.
Article 44 of the Constitution only proposes that the nation shall strive to realise a Uniform Civil Code. This maintains that it shall be accomplishable only through consensus and dialogues with various religious groups, over time. However, the central government has now come with an authoritarian move without consulting anyone or without trying to create consensus and this creates apprehensions among various sections of society. The Kerala Legislative Assembly is also expressing its concerns in this regard. Such efforts to impose Uniform Civil Code are communal and it can only be observed as harmful to the unity of the nation.
The Constituent Assembly itself had witnessed diverse views about the Uniform Civil Code. The stand taken by Dr B.R. Ambedkar at that juncture is significant. Ambedkar’s stand was considerate towards the complex social realities of India and sensible enough in reinforcing the harmony between diverse religious groups in India. Due respect for unity in diversity was reflected in his stand.
Ambedkar, who advocated Parliament passing the Uniform Civil Code by respecting citizens' rights to choose their laws, never pressed for one. So, it’s very clear that he was pointing towards a possibility. Common Civil Law was restricted to the scope of the Directive Principle of State Policy due to this opposition.
This House unanimously urges the Central Government to desist from any blatant moves until a consensus on issues affecting our people is arrived at through discussions with various religious groups."
