Justice B S Chauhan, Chairman, Law Commission of India,
Major Archbishop Baselios Cardinal Cleemis,
Most Reverend Dr Samuel Mar Irenious,
Prof. N.R. Madhava Menon, Chairman, MILAT and founder
Vice Chancellor, National Law School of
India University, Bengaluru
Prof. E. R Jayaram, principal, Mar Gregorious College of Law,
Prof K. Vikraman Nair, Academic Advisor,
Dear beloved Law students,
Sahodaree Sahodaranmaare,
Ellaavarkkum Ente Namaskaaram,
I am very happy to address you after presenting the Awards to the winners of the Law Reforms Competition conducted for students from eight States. Let me at the outset, place on record, my deep appreciation for the Mar Gregorios College of Law and Menon Institute of Legal Advocacy and Training for conducting this academic competition.
As a person coming from the Judiciary, I am overwhelmed to see so many students of Law putting their heart into this competition and giving valuable suggestions on a current topic which is being heatedly debated everywhere. It shows the social commitment of our youth towards contributing ideas for the fine tuning of our Laws.
As we all know, there are two things about which every citizen of India can be very proud. One is a civilization which has a history of over 5,000 years; the second is a truly sublime Constitution, which embodies in our fundamental rights, the substance of the Universal Declaration of Human Rights, which was adopted by the United Nations on 10th December 1948.
It is the Directive Principles which emphasized through Article 44 that “the State shall endeavor to secure for its citizens, a Uniform Civil Code throughout the territory of India”. A Uniform Civil Code would imply that it is necessary to codify all civil laws governing our citizens into a single law, which is may help to unite people of different religious groups. However, due to several reasons, successive Governments have not acted much to implement the Uniform Civil Code due to various reasons.
The first Government of Union successfully piloted the Hindu Succession Act and the Hindu Marriage Act, almost revolutionizing customary Hindu Law. Afterwards, it was for the Supreme Court to remind Governments once in a while to have a common civil code, starting from the Sarala Mudgal Case in which the Court stressed the urgency of infusing life into Article 44 and said that there was no justification in delaying indefinitely, the introduction of a uniform personal law in the country. But, the responsibility for setting the conditions suitable for implementing such a Code would lie mostly with the Executive and the Legislature.
Legal education is a combination of professional training and academic study. Law students ought to inculcate the ability to obtain analytical and critical research skill along with legal reasoning. To promote the advocacy skills in law students, apart from Moot Courts and debate Competitions, such legislating competition are also equally beneficial and essential. These Competitions will help the law students to expand their knowledge and to develop the power of articulation, analysis and legal reasoning. Besides, participation in such competition has been proven to be an exceptionally rewarding educational experience, which provides students with the opportunity to think critically about important issues and speak confidently in public forum. These competitions also provide an opportunity for students to understand complex legal problems and expand their personal knowledge in practicality, at the same time refining their research, writing and advocacy skills.
The legal merits for the desirability of a Uniform or Common Civil Code for every Indian, irrespective of his or her religious identity, are unquestionable. In fact, it is one of the directives to government that is enshrined in the Constitution of India (Article 44). And this “directive” does not come in conflict with Article 25 of the Constitution of India that guarantees the freedom of religion, because Clause 2 of this Article separates religion from secular laws that removes some regressive religious practices. It clearly states that freedom of religion shall not limit the state from making any law “providing for social welfare and reform.” And then we have Article 14 of the Constitution, under which every Indian has equal rights; no one under this doctrine of equality can be discriminated in the name of background, caste, creed and religion.
The law ministry in June 2016 has requested the Law Commission to examine the viability of implementing a Uniform Civil Code in the country based on “the best elements” from various existing personal codes. In fact, in the 1st week of November this year, the Law Commission sought public opinion on the exercise of revising and reforming family laws of all religions in the context of Article 44 of the Constitution, which talks of a Uniform Civil Code (UCC) for all citizens. Through this move the Commission has appealed not only to each individual citizens but also to members of religious, minority and social groups, non-government organisations, political parties and government agencies, to present their views through a questionnaire on a range of issues, including the practice of triple talaq and the right to property for a woman etc. The ultimate objective behind this endeavour is to address discrimination against vulnerable groups and harmonise the various cultural practices. The responses can be sent within 45 days, either through post or email. I hope the students here sent their suggestions on all possible models and templates of a common civil code to the commission. I hope your ideas are incorporated for the benefit for larger good.
I am sure all of you are aware of a petition filed in the Supreme Court, in the recent past, praying for the court to pass direction to the parliament for legislating the Uniform Civil Code. The Petition asserted that since marriage, divorce, maintenance, inheritance and adoption matters were of a secular nature and could be better regulated by a Uniform Civil Code as required under Article 44 of the constitution, the Hon’ble court should interfere and pass appropriate orders. However, the Supreme Court refused to direct the government to take a decision on having a Uniform Civil Code (UCC) for all citizens across the country, by stating that it was for Parliament to make laws.
The very fact that you, the students of Law have taken pains to study the possibilities of the Uniform Civil Code, indicates that it is a matter of current significance. This effort also indicates your urge to become successful in the legal profession in the coming years. As someone who spent long years in this field, I can say that success in the legal profession depends on the efforts you put into your work. Some of you may be quite articulate in speech, but the gift of the gab will not help if your arguments are not rich in matter. It is said that knowing what to say is good but knowing how to say is better. A lawyer needs to be a good listener too, for listening is an essential skill, which many people do not possess.
Skipping classes and roaming around, taking Google for a solution for every issue is quite risky. A law student must depend on authentic books and journals and participate in seminars, conferences, discussions and academic interactions, to enhance knowledge. I am certain that this Competition has enhanced your knowledge about the Civil Code.
Besides, the initiative that you have taken serves a social purpose, that is, one of informing the people about the different aspects of a possible Uniform Civil Code. It may be recalled that the Law Commission had sought people's views on this subject, but large sections of people are really not aware of the issues. Awareness on the Code can make people rise above narrow identities and engage in a healthy dialogue, which is the hallmark of a mature democracy.
On Professional Front I want to give some suggestions:
- Students should strictly adhere to high standards of the legal system and observe the values for professional practice.
- Need for hard work, powerful research and proper preparation of cases to assist the Court. Ability to find material and information to support the presented case by carrying out the research work on the internet by placing supporting precedents before arguing the matter in the Court.
- For achieving professional heights, students should strive to maintain academic excellence. Participate in seminars, conferences, discussions and academic interactions. Appearance and arguing in the courts is not only helpful but by you have to regularly update and exchange legal information.
- To know the current developments in law including the interpretations of legal propositions, amendments, students should cultivate the habit of reading legal journals, law reports, articles, research papers and other related material to keep them updated.
- A good lawyer must have excellent communication skills, for knowing what to say is one thing but knowing how to say it is another. On the contrary a lawyer needs to be a good listener too for listening too is a skill and not many people possess it. Listening requires one to be very present and absorb everything that is being said to you.
- To sum up it is essential to constantly audit the training tools to make it more effective.
I congratulate the winners of this competition and would request them to take up more issues that need to be explained to people.
I also compliment the Mar Gregorios College of Law and Menon Institute of Legal Advocacy Training for conducting this event in a befitting manner.
I greet all the students and faculty members attending this function and wish them all the best.
Ellavarkkum Ente Aashamsakal
Nanni
Jai Hind
