Argument is in favour of UCC, need to create awareness about its benefits, says retd Gujarat HC judge

“…It is certain that arguments are in favour of UCC. Arguments only, because we are not here to give the decision, we are not here to have the final verdict. But arguments are in favour of UCC, right?” he asked the gathering. Justice Joshi had retired from Gujarat High Court in January.

He gave a hypothetical example of two daughters of a man married to individuals from different religions. After divorce, while one of them gets alimony for a limited period, the other gets the same for the remainder of her life, as both were married under different marriage laws. “The father would feel why there should be discrimination. There shouldn’t be discrimination. Then UCC comes in picture,” Justice Joshi said.

Maintaining that he himself is in favour of UCC, he added: “The question comes to our mind that (there is) Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardian(ship), Hindu Adoptions… there are so many laws. But still diversity is there. Approximately, there are 395 castes and most of them, 80 to 90 per cent, are saying that there should be UCC. Few castes say that there are personal laws and they should be there in future also.”

“At the cost of repetition, I would say that law is not meant for a single person. It is not meant for an individual, a couple of them or for five of them. The law is meant for the majority, people at large,” he said.

The symposium was being held in the memory of Abhay Bhardwaj, a leading lawyer in Gujarat who had served as a member of the National Law Commission and was also elected to the Rajya Sabha. This year, the event, called ‘Symposium of Trial Courts on Uniform Civil Code’, was held at the college from where Bhardwaj had graduated.

Advocate Ansh Bhardwaj, the son of Abhay Bhardwaj, said that talks held at the symposium will be compiled into a dossier and sent to the law commission.

Prof Kamlesh Joshipura, director of SDVP Research Institute in Pune said that UCC is required for national unity. “It is commendable that the judiciary has urged the government to do something about UCC. For the initial few decades after 1950, the government may have avoided making a move on the UCC due to the prevailing situation. But since the time of Shah Bano case (in 1985), I also praise the judiciary as it is commendable that it has repeatedly reminded the government to take it up.”

However, Mahesh Joshi, senior advocate of Rajkot, advised caution. “Is it possible to implement UCC? Will you be in a position to abolish reservation? Those who are getting benefits of reservation will oppose UCC. Therefore, if UCC is implemented in a haste, it will lead to caste conflicts.”

Vijay Jani, Morbi district government pleader, said that there is no discrimination on the basis of one’s religion in criminal law in India. “Then a case can be made for no discrimination in civil law also… Religious minorities will benefit the most from UCC,” he added.