The Uniform Civil Code is a "Damocles Sword," dangling over the heads of all religious denominations. With least provocation, credible or otherwise, the minorities are threatened with the possible imposition of the Uniform Civil Code.

Multi-religious, pluralistic and secular democratic societies follow their individual personal laws, and are entitled to practice the same, within the freedoms encompassed and enshrined in our Constitution. Some amongst us may or may not be content to be governed by a personal law, but telling each one of us that our personal laws vitiate the functioning of a secular society, in reality provokes the ire of some integral components of these groups.

Currently women of all religious groups only wish that their own personal laws were enshrined by way of codification and put in proper perspective ...

In this historical backdrop, the relevance of Article 44 is not too clear. In the area of forensic application, it has not been the major focus of discussion ...

With today's clamour for cultural identity, and a section of the society deep in pathos, disillusionment and mistrust, vigorous effort needs to be made to set the situation right.

Article 44, though vestigial, in today's scenario has assumed the role of an instrument for exploitation. Deletion of Article 44 would remarkably help in restoring the faith of the minorities ... Today each religious denomination has its own personal laws to pursue.

Curiously, except the Muslim minority all religious groups have their personal laws codified, documented, paragraphs ... to be utilised in interpretation by the judicial process. Unfortunately Muslims have no codified law, and the same is therefore subject to several interpretations, amendments, altcrations or discord by the powers that be.

The brunt of such lack of codification is borne by the marginalised illiterate socially backward Muslim women ...

Misconception prevails among certain quarters as to the exact scope and content of codification of any personal law and specifically the "Muslim Personal Law."

... Unlike other personal law, the Muslim Personal law derives interpretation from the Holy Quran and the Shariat which is what it should be, but lacks codification in the form of a legally pursuable document ...

The powers that be render various interpretations arising Trom the lack of numbered statutes. Such interpretations are termed as interference in the laws. To prevent such situations, the Muslim personal law needs documentation i the shape of codified ... statutes.

Codifications, in its simplest form, implies Hemising the rules as outlined in the Holy Quran and the Shariat. Dispersed injunction throughout the Holy Quran and the Shariat should be brought under one statute for facilitate reference and interpretation in a form that is easily understandable to the average citizen ...

It may not be out of place to state that, it is the responsibility of the state to protect every individual against social injustice as is envisaged under Articles 38 and 39 of the Constitution. The Constitutional Objectives could be achieved by the codification of personal laws by the community themselves, whose constituents are aggrieved, rather than discipline them under the threat of the imposition of a Uniform Civil Code.

This threat perception in the minds of the minority community has caused havoc and instilled in them the fear of being categorised as second class citizens, and of being denied the right to practise their faith. Also they feel that being governed by their own personal laws would only alienate them from the mainstream of society.

It will also retard the growth of the individual and the country's growth and development, a situation which every government and right thinking citizen would want to avoid. It is obvious that Article 44 has served no useful purpose and it has in fact proved counter productive in cementing the relations between persons of different communities and therefore should be repeated ...

The Supreme court has time and again reinforced the concept that it is the people of India who are the authors of the Constitution and, it is the people of India whose dignity and honour and right to practise a religion of their choice has to be assured and ensured. Article 44 jeopardises these sacrosanct rights.

With the hope of promoting amity among all multi-religious secular citizens of our country ... the Constitution Review Committce (should) consider seriously repealing Article 44 at this historic moment. This ... will prevent disharmony among the various religious groups and in turn ensure the progress and development of the women of this country who ultimately are the victims of backlash, both in private and public spheres arising out of threats of intervention in their personal laws ... (Source: The Hindu, 25 July, 2000)