For Indian bishop, a uniform civil code should not be used to impose Hinduism on minorities
Mumbai (AsiaNews) - "India is a multicultural society: it has a variety of cultures and religions. For this reason, it would be wrong to impose Hindu culture on all Indians through a Uniform Civil Code," said Mgr Dabre Thomas, archbishop of Pune.
The prelate, who is also a member of the Pontifical Council for Interreligious Dialogue, spoke to AsiaNews about a proposal from the new government to unify under a single civil code of conduct all the laws that regulate personal issues in the various religious communities.
According to the ruling Hindu nationalist Bharatiya Janata Party (BJP), a single civil code is a unique way "to create social equality." However, minorities fear that it would become a tool to attack "their traditions and religious rights."
In his interview, the prelate notes that "a majority government does not mean a government of the majority religion."
The BJP's election manifesto mentioned a Uniform Civil Code to protect "gender justice." How do you respond to this proposal?
The issue of a Uniform Civil Code, which relates to the personal law of minority communities - Muslims in particular - is a very delicate one.
On the one hand, it seems sensible to have a civil code or a single code of conduct for everyone to follow. On the other hand, it is true that India is not mono-cultural. India is a multi-cultural society with a variety of cultures and religions.
For this reason, it would be wrong to impose Hindu culture on all Indians in the form of a Uniform Civil Code. Each religious community has its own ethos, religion, traditions and cultural ways of relating to men and women. So this is very delicate and complex, which can only be managed through dialogue.
There should not be a fundamentalist or authoritarian approach in passing the bill in Parliament. I do not support the idea that Parliament can alone take this type of step. It involves only some people, but many others should be part of it: philosophers, sociologists, cultural experts and religious leaders. All these people should be involved in creating such laws. The government should not be blindly indifferent to legitimate and rooted differences. It is urgent that the government show sensitivity towards cultural and religious diversity.
The BJP wants to use the law to create social equality. One possible approach would be to place the burden of a number of reforms on the communities. Again, this is such a delicate matter that imposing a law would find no support in the people. What we need is sustained dialogue. Before the imposition of a Uniform Civil Code, we need dialogue. Without it, tensions will arise in the country.
The BJP claims that polygamy and divorce, which fall within the scope of Islamic personal law, are basic human issues, not individual religious matters. What do you think about that?
Moral laws have certain universal characteristics. There is no doubt about it. But, of course, there is also need for dialogue to push people to accept universal moral laws.
We have to convince people that some universal values must be followed across borders, whatever the religion. Hence, polygamy and divorce should be abolished. But I would argue that concerned communities should be taken into confidence to deliberate the proposed law.
For this reason, we have to respect the conscience and convictions of the people as the process of dialogue goes on. We should make every efforts to change people's mindset and shape their consciences.
Are you concerned that the agenda of the BJP government could erase the country's cultural pluralism by imposing a single cultural model?
At present, I am keeping an open mind towards the BJP government. Personally, I feel it is a democratically elected government, which received the support of the majority of voters. For this reason, we have to have a spirit of collaboration and openness towards it. I think we should give it a chance to lead the country.
However, a majority government does not mean a government of the majority religion. I suggest the government proceed with caution when dealing with issues that affect minorities, because there is already a sense of uncertainty and anxiety among them, which is based on past experiences and events.
The BJP dismisses the secular approach taken by the government so far as phoney. Are minorities concerned about the type of secularism the BJP wants to implement?
As long as the BJP manifesto includes a plan to abolish Kashmir's special status, impose a Uniform Civil Code for the country and promote a [Hindu] temple in Ajodhya, minorities are justified to feel a sense of insecurity and concern. I think this government should allow minorities to feel safe, and ensure that their religious rights are not affected. Such a guarantee is needed to create trust in minorities.
Do you have any doubts about the Uniform Civil Code?
In India, there are different set of laws for different communities pertaining to personal matters like marriage, divorce, property, adoption, inheritance and maintenance.
The Uniform Civil Code implies covering all these personal laws with one unified set of secular rules that will be applicable for each and every citizen of India irrespective of his or her religious community.
As a member Pontifical Council for Inter Religious Dialogue, I welcome good and noble values in different cultures and religions. Still, the government should be careful in imposing a common civil code, as this could alter the life patterns within minority communities. We need to build consensus between religious groups, different communities and experts.
In today's globalised world, whilst no community should remain closed in itself, yet it is fundamental that the basic human rights of all be respected. Hence, the proponents for the Uniform Civil Code must consult and speak with the leaders of religious minorities. I am willing to accept a Uniform Civil Code that has taken shape through consensus after wide consultation and dialogue. But this requires respect for the religious ethos and certain deep convictions of minority communities.
All Indian citizens are equal and should also live in unity as Indians. Yet it is a fact that in India the cultures of different communities are different and this should not be overlooked. In addition, they were shaped, developed and assimilated over centuries. As such, they are deeply ingrained in the psyche of people, as individuals and as communities. Cultures enter the identity of the people. The BJP-led government will do well if it does full justice to the many cultures and religions of India.
.png)
