Government goal should be “common public culture”, not “common civil code”

Thursday 16th August 2018 03:44 EDT
 

Addressing students of the Gujarat Law Society, Ahmedabad, on the institution's fourth Founding Day on August 4, chief guest Lord Bhikhu Parekh said, “The government's aim should not be 'common uniform civil code', instead should be 'common public culture'. Until and unless there is a common and indistinguishable cultural environment for every citizen, the uniform civil code (UCC) cannot be applied.”

Speaking on legal pluralism and cultural diversity, Lord Parekh stressed on how important culture is and how much influence it has not only on daily lives but also over the legal system of our country. “Culture is important as it gives us moral basis and values. Altogether, we have plural legal system. We have a right to culture under the Constitution which includes right to personal laws. But it creates problems as marriage, adoption, inheritance etc., are dealt differently under different personal laws,” Parekh said. He added that UCC can provide solutions for several problems as such.

“Law is a symbol of the culture of a country. Which is why, the system has to dispense a universal, mixed cultural system of working. Constitutional amendment should be made that all personal laws shall be subject to the principles of gender equality. Personal laws which are consistent with Constitutional Provision may remain in force. There shouldn't be an environment where one community lives in constant fear of another and loses all trust. I don't wish to comment on the current government, but the minority live in a state of fear. If a sentiment of trust is created between all communities, a common UCC can be implemented.”

Lord Parekh continued, “Our various thoughts, organisation, everything is sculpted by culture. Like what to eat? To take up a vegetarian diet or eat meat? Not only this, it also inspires versatile laws because different communities and cultures have their personal laws. Whom will a person hand over their inheritance? Different communities follow different rules. In a way, these personal laws are also their unique identity. However, these laws hold gender bias. They bring religion in politics. It constantly tells a person that they strictly belong to a particular religion.”

Also present at the event was Salman Chishty, trustee of Ajmer Sharif Dargah's Chishty Foundation. In his speech, he asked students to consider the fight against religious justice as meditation. He also advised them to take up a spiritual orientation. Also present on the occasion were GLS executive president Sudhi Nanavati, director Dr Mayuri Pamdya and Gujarat University Vice-Chancellor Himanshu Pandya.


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