Implementing The Directive Principles Of State Policy Through The Spirit Of Compassion And Inclusiveness
Shahbaz Ahmad, IFS (Retd.)
ABSTRACT:
The Directive Principles of State Policy (DPSP) are contained in Part IV of the Constitution of India. The principles laid down therein are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. Although a number of steps have been taken by governments to implement many of the DPSP, there are certain areas in which nothing concrete appears to have been done. Enacting a uniform civil code may have its own importance but what is more essential is the welfare of the people. Minimization of income inequality and the prohibition of intoxicating drinks are Principles which deserve more priority. A move towards the adoption of a Uniform Civil Code is essential for ensuring the enjoyment of fundamental rights and to root out discrimination especially against women and weaker sections of the society. But the mere existence of personal and customary laws is in no way any affront to the unity and integrity of the nation. Experiences from other countries reveal that the uniform personal or family laws have their own problems and loopholes and none of them can be blindly emulated. The normal conditions of law across societies past and present is external and internal legal pluralism in various ways and to different extents. Keeping in view the social, religious and cultural diversity of India, it would be prudent to start with a uniform civil code which is voluntary in the initial stages. This move may be accompanied by a parallel exercise of the codification of all personal and customary laws. This may be done with a spirit of compassion and inclusiveness without offending anybody. All religious and tribal groups may be given an opportunity to justify their personal laws in the sense that they are not violative of the fundamental rights enshrined in the Constitution. A principled and planned approach needs to be adopted to implement the Directive Principles of State Policy in their true spirit.
Keywords: All India Muslim Personal Law Board (AIMPLB), Directive Principles of State Policy (DPSP), Fundamental Rights, Jamiat Ulemei Hind (JUH), Law Commission, Legal Pluralism
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