Editorial 1 : Strike a fine balance, have a just civil code
Context
Recently the Law Commission of India decided to solicit views and proposals from the public about the Uniform Civil Code (UCC). After a hiatus of just five years, when the Commission had concluded that the ‘UCC is neither necessary nor desirable’, the move now is one that keeps the pot boiling on one of India’s most ideologically as well as politically rivalled issue.
Autonomy versus authority
- The question of personal laws is basically the question of personal and religious autonomy versus the state’s authority to reform familial relations. Since each religious group has cultural autonomy, it is thus being argued that the community should itself come forward to seek reforms. This is the justification for the adoption of internal law reform or voluntary UCC.
- In fact, the Special Marriage Act, 1954 and the Indian Succession Act, 1925 are nothing but examples of voluntary adoption of the UCC though the recently enacted love jihad laws by prohibiting inter-faith marriages basically violate the spirit of Special Marriage Act.
- At present, not just Muslims but even Hindus, Jains, Buddhists, Sikhs, Parsis, and Jews are governed by their own personal laws. Accordingly, believe it or not, it is the religious identity that determines which personal law would apply to a group of individuals.
- The Constitution was not the starting point but a mere culmination of India’s long-standing integrative traditions. In addition to the provisions that outlaw discrimination in all its forms, the Indian Constitution’s commitment to cultural accommodation is visible through a near-absolute fundamental right in Article 29(1) dedicated exclusively to conserving the distinctive culture of all citizens.
Unity more than uniformity
- That said, the Commission must bear in its recommendation that for a diverse and multicultural polity such as India, the proposed UCC must be emblematic of India’s ‘mosaic model’ of multiculturalism.
- After all, unity is far more important than uniformity. The British brought homogeneity amongst Hindus and Muslims by grossly undermining heterogeneity within the two religious communities.
- Under the Indian Constitution, the right to cultural autonomy defends the Indian model of multiculturalism.
- Accordingly, the 21st Law Commission (2015-18) had boldly favoured equality between men and women in communities rather than aiming for equality between communities. A just code should be the primary goal as just laws are more important than a mere one uniform law.
- India’s tryst with preserving its multicultural diversity is often found at the crossroads with values such as secularism. Despite secularism being a fundamental tenet governing the Indian polity, India decided not to adopt the French model of laïcité, which strictly prohibits bearing any religious outfit or marker in public; that considers religion in public as a threat.
- Indian society, therefore, ‘accommodates’ and not just ‘tolerates’ the wide array of group and ethnic differences.
Hurdles on the path ahead
- Simultaneously, we must understand that when a community feels threatened in any way, whether rightly or wrongly so, the collective esteem of its members becomes woven to the community, and community allegiance becomes much stronger.
- Therefore, one hopes that the Law Commission of India would not contribute to the rise of reactive culturalism amongst different communities in India, including Muslims.
- The Muslim community too must understand that the Muslim Personal Law (MPL) and Islam are not one and the same. The MPL is a jurist given law and is not entirely divine.
- Let the Muslim clergy come forward and lead the MPL reform process by identifying the discriminatory and oppressive issues and adopt the views of progressive jurists.
Conclusion
As the Commission proposes an overhauling secularisation of various socio-religious-cultural practices that have been the mainstay of thousands of religious and ethnic communities since times immemorial, the path ahead is not going to be free from hurdles.
Editorial 2 : Warm welcome
Context
The Prime Minister visit to United States further strengthened the ties between India and the U.S.
Background
- Rolling out the red carpet for Prime Minister Narendra Modi during his state visit to Washington, U.S. President Joseph Biden underlined his belief that the India-U.S. partnership will be one of the “defining relationships of the 21st century”,
- The phrase mirrored the one used by U.S. President Barack Obama at the state banquet for former Prime Minister Manmohan Singh in 2009 — one of the “defining partnerships of the 21st century” — denoting the consistent strengthening of ties over the first two decades of the century.
The Deals
- The visit by Mr. Modi, his first state visit to the U.S., has not disappointed votaries of the relationship. The two sides announced new deals involving high-end defence cooperation, semiconductor industry investments, and a partnership in quantum and advanced computing and AI.
- The deal for co-production of jet engines in India will involve an unprecedented level of technology transfer.
- India’s decision to join the 11-nation mineral security partnership for critical minerals, where China has a global monopoly, and cooperation on critical and emerging technologies, particularly in clean energy, will strengthen future cooperation here.
- Finally, India’s move to sign on to the 27-nation Artemis Accords for cooperation in space exploration, and the NASA-ISRO partnerships for human spaceflight will also catapult India’s ambitions in the sphere.
India’s Relations with the US
- The U.S.-India strategic partnership is founded on shared values including a commitment to democracy and upholding the rules-based international system.
- Both have shared interests in promoting global security, stability, and economic prosperity through trade, investment, and connectivity.
- The U.S. has emerged as India's biggest trading partner in 2022-23 on account of increasing economic ties between the two countries.
- The bilateral trade between India and the U.S. has increased by 7.65%. Exports to the U.S. rose by 2.81% while imports grew by about 16%.
- India and the United States cooperate closely at multilateral organizations, including the United Nations, G-20, Association of Southeast Asian Nations (ASEAN) Regional Forum, International Monetary Fund, World Bank, and World Trade Organization.
- Together with Australia and Japan, the United States and India convene as the Quad to promote a free and open Indo-Pacific and provide tangible benefits to the region.
- India is also one of twelve countries partnering with the United States on the Indo-Pacific Economic Framework for Prosperity (IPEF).
- India is a member of the Indian Ocean Rim Association (IORA), at which the United States is a dialogue partner.
- In 2021, the United States joined the International Solar Alliance headquartered in India, and in 2022 the United States Agency for International Development (USAID).
Way Forward
- The partnership between the two countries is critical for ensuring a free, open, and rules-bound Indo-Pacific region.
- The unparalleled Demographic Dividend provides enormous opportunities for the US and Indian firms for technology transfer, manufacturing, trade and investment.
- India is emerging as a leading player in an international system that is undergoing an unprecedented transformation. It shall use its present situation to explore opportunities to further its vital interests.