(...Contd)

Commenting on the proposal of some that a uniform Civil Code be enacted, Nehru declared:
“Well, I should like a Civil Code which applies to everybody but…”
Shri More: “What hinders?”
Shri Nehru: “Wisdom hinders.”
Shri More: “Not wisdom, but reaction hinders.”
Shri Nehru: “The Honourable Member is perfectly entitled to his view on the subject.
If he or anybody else brings a Civil Code Bill, it will have my extreme sympathy.
But I do not think that, at the present moment, the time is ripe in India for me to try to push it through. I want to prepare the ground for it and this kind of thing is one method of preparing the ground.”
It will thus be clear that Nehru thought that when Parliament took the first step of secularizing the personal law governing the Hindus, it will have set in motion a revolutionary movement and that, in course of time, as a result of education and propaganda, the next inevitable step could be taken and Article 44 would then be fully implemented.
The history of the last 20 years shows that no efforts have been made by any political party or social reformers to educate the Muslim classes and masses in regard to the philosophy of secularism so as to prepare their minds for a change-over from their traditional personal law to a secular code.
It may be that ever since the Constitution was passed our country has had to face one difficulty after another, and we have had no time to attend to this important matter.
But one cannot escape the conclusion that the failure of Indian democracy to prepare the social ground and atmosphere which would induce the Muslim community to accept a common Civil Code is a very serious infirmity in the progress of secularism in our country.
I appeal to the progressive intellectuals amongst the Muslims, to undertake this urgent and important task of educating their fellow Muslim citizens and satisfying them that matters of personal law can no longer be reasonably or rationally left to be determined by the letter of the ancient text of a scriptural character.
Whether or not polygamy should be allowed, what should be the line of succession, what should be the shares of different heirs, what should be the law of divorce, are matters which should be determined not by scriptural injunctions, but by rational considerations.
These are matters secular in character and are outside the legitimate domain of religion as contemplated by Articles 25 and 26 of the Constitution.
The non-implementation of the provision contained in Article 44 amounts to a grave failure of Indian democracy and the sooner we take suitable action in the matter the better. In the process of evolving a new secular social order, a Common Civil Code is a must. The idea of the common Civil Code postulates that the common Civil Code will, like all other laws, be applicable to all Indians.