Salman Sultan,
While directive principle number 44 has been greatly emphasized, there is no talk about 45, 46 and 47. These are about free and compulsory education for children up to the age of 14 (art 45; within a period of ten years), educational and economic interests of weaker section while protecting them from social injustice and all form of exploitation (art 46), raising level of nutrition, standard of living and improvement in public health while endeavouring to prohibit intoxicating drinks and drugs injurious to health (art 47). Even after seven decades of independence our children instead of going to school work as cheap labour, particularly in urban region. They can be seen in tea shops, roadside dhabas, auto repair shops etc. working under harsh conditions. Social injustice and exploitation of weaker sections, in particular Dalits, is still rampant and illicit trade in country liquor is the norm in rural region.
In fundamental rights, article 21 clearly states “no person shall be deprived of his life or personal liberty except according to procedure established by law”. Free and compulsory education to children from the age of 6 to 14 years as per directive principle 45 has again been stated as fundamental right (article 21A). Also in fundamental rights article 16(4) states that State can make provision for the reservation of appointments or posts in favour of backward class which in the opinion of the State has not been adequately represented in the services under the State. Has the government taken any action on Sachar Committee, Rangnath Mishra commission reports? Rangnath Commission has recommended 10% reservation for Muslims and 5% for other minorities in government jobs.
It is clear that elected representatives uphold constitutional values just for swearing-in ceremony and don’t bother to strive for its implementation. The famous Kothari Commission (Daulat Singh Kothari, Chairman UGC) has “urged laws to be passed to legalize the educational standards and the educational expenditure to be raised from the then level of 2.9 percent of the GDP to 6 percent, to be achieved by the fiscal year, 1985-86”. In our country total expenditure on education has gone down from 4.3% to 3.8% in between 1999 and 2012.
Having said about all this unfinished agenda of our constitution, let us restrict our discussion to UCC only. Our country is not only diversified in flora and fauna but also human race, culture and civilization which is noticeable if we traverse from Kashmir to Kanyakumari (North to South) and from the rain forests of Sunderban to the deserts of Rajasthan (East to West). Not only ways of our living, cuisine, apparel etc vary but our customs of marriage, burial, inheritance etc differ from region to region and among different religion/caste/creed. While Muslims and Christians bury their dead, Hindus burn them on a wood pyre preferably at the banks of Ganges (Mankinka Ghat in Varanasi), Parsis leave their dead bodies on iron grill so that birds can feed on them (Silent Tower in Mumbai). In Muslims marriage is a simple affair where girl initiates the proceeding by giving her consent. She is supposed to propose to whomsoever she deems fit as her future husband. There is no dowry or big feasts, just presence of two witnesses from bride’s side and a Qazi who may solemnize the marriage. Bridegroom has to pay an amount/jewelry (Mehr) etc as per agreement between the two parties and this has to be paid prior to consummation of marriage. Actually marriage is a social contract where bride has every right to introduce clauses which may be to her satisfaction. Although one may concede that such simple ceremony of marriage in Islam is not been prevalent in our country, of course, with few exceptions. Instead of influencing others with their simple ways, Muslims got influenced by the extravagance and cumbersome rituals/ceremonies practiced by other communities.
There is much talk about divorce (Talaq) which is allowed among Muslims and Christians but the same is not allowed in other communities. Of course, divorce should only be opted for as a last resort but in communities where it is not prevalent we witness cases of ‘bride burning’ in order to get rid of the bride. Divorcee women are looked down and suffer throughout her remainder life only when widow marriage is not encouraged. In Islamic society women irrespective of her status, unmarried or widowed, can initiate the proceedings by conveying her wish of marriage to the person of her choice either directly or through an emissary. Let us again concede that such is not the general practice in our country where Muslims remained under the influence of old customs even after conversion or in case of immigrants living in India for considerable time, after making it as their home.
I refrain from talking about such diversities in our customs as ‘Child Marriage’, ‘Khap Panchayats’, ‘Marriage preference for Uncle and Niece’, ‘polyandry’ etc. Let us hope that people so vigorously pursuing in favour of a directive principle, while caring little about upholding important articles of our constitution pertaining to fundamental rights, may come up with at least a rough draft taking into consideration wishes of all and sundry and let a consensus may evolve on a final draft, if any, as per the desire of framers of our constitution.
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