The Tale of the 'Uniform' Civil Code: A Law for All… or Some? (Common Vs. Privileged)

The Tale of the 'Uniform' Civil Code: A Law for All… or Some? (Common Vs. Privileged)

Picture this: the grand vision of a Uniform Civil Code (UCC)—a noble, egalitarian dream where every citizen, regardless of rank or religion, would stand equal before the law. It’s almost cinematic in its appeal: a law that unites us, cuts across our differences, and upholds the same rules for the high and the humble alike. But, in this real-life drama, there’s a twist. When we peel back the layers, what we see isn’t a single standard but a 'uniformity' that conveniently bends depending on who you are. Ah, the irony!

Chapter 1: UCC – Dream vs. Drama

Once upon a time, the UCC was conceived as an ideal—a promise of equality, born with the aspiration to treat all citizens with the same yardstick. A beautiful thought, but here’s the punchline: the uniformity of the law often seems to depend on one’s social standing. While the concept promises equal treatment, its application often reveals a startling disparity. And who feels this chasm the most? The ordinary citizen.

Chapter 2: Firecrackers for the Few

Take the case of Diwali 2018, when the Supreme Court ruled that firecrackers posed serious health and environmental risks and must be banned. Citizens complied, begrudgingly perhaps, but for the sake of the greater good. Now, shift to the post-election celebrations: the same political leaders who supported this ban are seen lighting up the night sky with fireworks as if pollution magically pauses for victory. Particularly memorable were the scenes from Delhi, where government officials who had championed this ban openly disregarded it, gracing the skies with every type of firework imaginable. So, for the public, it’s “no crackers, it’s bad for the air,” but for the political elite, it’s “no crackers… unless we win!”

Chapter 3: Political Immunity—When Non-Bailable Means Negotiable

Now let’s venture into the criminal world—non-bailable offenses, to be precise. For the average citizen, being booked for such an offense means certain jail time, sometimes without even a hearing. But if you happen to be a Member of Parliament with friends in high places? Well, then the rules seem to soften. Case after case reveals that arrests, if they happen at all, are mere formalities. The selective leniency here practically rewrites the dictionary: non-bailable, as long as you’re not ordinary.

Chapter 4: Freedom of Speech – The Great ‘Divide’ in West Bengal

Freedom of speech” is a cherished right in any democracy, right? Well, not quite equally cherished. In some states like West Bengal, it seems that if an influential figure makes a bold or inflammatory statement, it’s all in a day’s work—often met with nothing more than a wrist-slap. On the other hand, if a common citizen so much as breathes dissent, the consequences can be life-altering. Imagine voicing an opinion, only to find that the same laws that protect speech are wielded to stifle it if it dares to criticize the powerful.

Chapter 5: Legal Codes and Loopholes

Then, there’s the codified Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act (IEA). For the common man, these codes are strict, unwavering, and sometimes unforgiving. Every rule applies, and every law is binding. Yet, for the elite? These same laws become a guideline rather than a gospel. Some officials and influential figures are exempted or find loopholes through the bureaucratic maze. A law may say one thing, but with a little status, it seems you can have it say another.

Chapter 6: Selective Morality and Policy—The Case of the Delhi Crackdowns

In the grand narrative of selective morality, Delhi’s crackdowns on firecracker usage and other public restrictions emerge as star examples. The government, quick to penalize the common citizen for violations, turns a blind eye when officials violate the same rules in the name of celebration or “special” occasions. For the common citizen, it’s “strict enforcement,” but for officials? It’s a special pass. This two-tiered system has led to a growing cynicism about law and order—if the law isn’t equal for all, does it even deserve respect?

Chapter 7: Weaponizing the Law

Sometimes, the law is wielded less like a tool of justice and more like a weapon. In recent high-profile cases, laws around freedom of speech, criminal charges, and even electoral conduct seem flexible enough to protect those in power while suppressing critics. Politicians, when faced with criminal charges, often find “technical” escape routes, with “evidence” disappearing or cases being dismissed. The law here acts as a shield, shielding some from the very consequences that ordinary citizens face. In a true democracy, this selective application of justice is a disturbing trend that does not go unnoticed.

The Grand Finale: Is Uniformity Just a Catchphrase?

In the end, we are left with a “uniform” code that feels more like a beautifully crafted illusion. The reality is stark: laws that bend and break based on social rank, an enforcement system that wavers depending on whom it’s dealing with, and an ordinary citizenry left questioning the very idea of justice.

So here’s a suggestion: if we’re to have a Uniform Civil Code, why not make it genuinely uniform? Let’s level the playing field so that laws apply equally, without favoritism or exception. Only then can we build a society where law and justice go hand in hand, uniting citizens with trust rather than dividing them with selective morality.

Until then, the term “Uniform Civil Code” may sound grand, but for many, it remains just a term in theory, selectively enforced in a society that dreams of true equality.

Saurabh Sharma

Chartered Accountant| Seasoned Professional in Direct and Indirect Tax | IIM Lucknow- Certified Senior Leader

3 个月

Interesting

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That's right. Story is much much complicated thought.

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