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How can antinatalism reconcile its concern for minimizing suffering through reduced birth rates with the human instinct for procreation and the cultural, economic, and emotional rewards that come with raising children?
"It is a regret that Article 44 has remained a dead letter" said Justice Y V Chandrachud in Shah Bano judgement (1985). Our constitution-makers have placed 'Uniform Civil Code(Article 44)' under Directive principles of State Policy(Part IV). Need for UCC to balance diversity and ensure social justiRead more
“It is a regret that Article 44 has remained a dead letter” said Justice Y V Chandrachud in Shah Bano judgement (1985). Our constitution-makers have placed ‘Uniform Civil Code(Article 44)’ under Directive principles of State Policy(Part IV).
Need for UCC to balance diversity and ensure social justice
1) It enhances ‘Secularism’ – mentioned in Preamble and a part of Basic structure.
2) It is based on ‘Equality’ – a fundamental right (Article 14)
3) Personal laws are usually against women and marginal, vulnerable sections.
For example, Shariat – allows polygamy (Sarala Mudgal Case)
5) States like Goa, Uttarkhand have adopted UCC after legislative consensus
6) Supreme Court has supported its implementation in multiple instances.
Challenges to implement UCC
1. Article 26 provides for the right to manage one’s own religious matters.
2. Debate of – Fundamental Rights(Article 26) v/s DPSPs(Article 44)
3. STs have customary laws protected by the constitution itself.
4. Apprehensions of imposition of majoritarian values on minority
5. Accommodating diversity
Way forward
1) 22nd Law commission sought public consultation process on UCC
2) Consensus building that UCC is necessary
3) In the short-term personal laws can be codified phase-wise
4) UCC should not be imposed right away through an ordinance, it should pass through parliamentary debates and deliberations
5) Political parties should rise above differences for the common good of all
A fundamental change in people’s mindset is required for UCC’s implementation.
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Antinatalism reconciles its concern for minimizing suffering with the instinct for procreation and the rewards of raising children by emphasizing ethical reflection and societal change. Here are some ways it addresses this reconciliation: Ethical Education: Antinatalists advocate for increased awareRead more
Antinatalism reconciles its concern for minimizing suffering with the instinct for procreation and the rewards of raising children by emphasizing ethical reflection and societal change. Here are some ways it addresses this reconciliation:
- Ethical Education: Antinatalists advocate for increased awareness about the ethical implications of procreation. By promoting education on the potential suffering associated with life, they encourage individuals to make more informed choices about having children.
- Alternative Fulfillment: They suggest seeking fulfillment through other means, such as personal growth, relationships, and contributing to society in non-reproductive ways. The joys of creativity, mentorship, and community involvement can provide emotional and cultural rewards similar to those of raising children.
- Policy and Support Systems: Antinatalists support policies that provide economic and social support for individuals who choose not to have children. This includes access to birth control, comprehensive sex education, and resources for voluntary childlessness.
- Cultural Shift: They aim for a cultural shift that values and respects the decision not to procreate. By challenging pronatalist norms, antinatalists hope to reduce the social pressure to have children and highlight the importance of considering the broader implications of bringing new lives into the world.
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