Answer:

Article 44 of the Part IV directs the Indian State to implement Uniform Civil Code in the country. Uniform civil code means to replace the personal laws based on the scriptures and customs of each religious community with a common set governing every citizen. These laws cover marriage, divorce, inheritance, adoption and maintenance.

The Indian-state is socially and culturally one of the most diverse countries in the world, in terms of religion, language etc. Historically, most states feared that, identity politics, recognition of social differences, was a threat to state unity. In such a context, time and again, there has been a repeated demand to impose uniform civil code in India. There seems to be some substance in the argument, considering the examples of some states, like in Spain, Sri Lanka, and erstwhile East Pakistan.

Further, different communities have their separate Personal laws that often go against the law of the land, apart from violating the rule of law, basic humanistic and rational law. Therefore, it may be desirable that there is a common legal system which is equally applicable to all the communities residing in India.

However, deeper analysis reveals that, it was the imposition of majoritarian culture and the corresponding neglect of the customs and social symbols of the minority that led to

social unrest in the above mentioned countries. Moreover, suppressing cultural diversity can be very costly in terms of the alienation of the minorities whose culture is treated as ‘non-national.’ Further, the very act of suppression can provoke the opposite effect of intensifying community identities and social unrest, as happened in few neighboring states.

Contrary to the above, case studies from around the world have demonstrated that enduring democracies can be established in polities that are multicultural. Explicit efforts are required to end the cultural exclusion of diverse groups and to build multiple and complementary identities. Such responsive policies provide incentives to build a feeling of unity in diversity. Indian Constitution rightly embodies this notion. Though, India is culturally diverse, comparative surveys of long-standing democracies show that India has been very cohesive despite its diversity.

Thus, national cohesion doesn’t require the imposition of a single identity and the denunciation of diversity. Successful strategies to build state-nations can and do accommodate diversity constructively by crafting responsive policies of cultural recognition. They are the time tested solutions for ensuring the longer term objectives of political stability and social harmony. Hence, any effort to implement Article 44 should be based on popular consensus.