BJP’s Uniform Civil Code push: A political tool to

polarise people for 2024 election

https://indianexpress.com/article/opinion/columns/bjps-uniform-civil-code-push-a-political-
tool-polarise-people-for-2024-election-8852902/

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The prime minister is making it seem like the

implementation of the UCC is a simple exercise. The last
Law Commission's report makes it clear that's not the case
The PM’s strong pitch for a UCC carries the possibility of widening divisions
among different classes of people in the country. (PTI)
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BJP’s Uniform Civil Code push: A political tool to polarise people for 2024
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The 21st Law Commission, approved by the BJP government, had in 2018,
come to the following conclusion regarding a uniform civil code (UCC): “…
diversity of Indian culture must be celebrated, but in the process, specific
groups or weaker sections of society must not be dis-privileged. Resolution
of this conflict does not mean abolition of all differences. The commission
has therefore dealt with laws that are discriminatory rather than providing a
uniform civil code, which is neither necessary nor desirable at this stage”.
Merely three years later, does Prime Minister Narendra Modi believe that the
socio-political situation in the country has changed enough to impose UCC
on the people?

The PM’s strong pitch for a UCC carries the possibility of widening divisions
among different classes of people in the country. A uniform civil code will
not only affect Muslims and other minority religious groups. It will also
impact those within Hindu society given the difference in cultural traditions
across states, castes and social strata. For instance, the practices of tribal
cultures are entirely different from those of an urban Hindu family.

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Independence

The condition of minorities remains the same today as it was in 1954 when
the first Prime Minister of India, Jawaharlal Nehru, held that the time was
not ripe for pushing a common civil code bill. India is a welfare state. This
finds expression in the Constitution under the Directive Principles of State
Policy. These are aspirational principles that the central and state
governments must keep in mind while formulating policies or passing a law.
UCC is a part of the Directive Principles of State Policy under Article 44 of
the Constitution.

In light of the Supreme Court’s advice, Article 44 vis a vis Articles 25 and 26
(freedom of religion and freedom to manage religious affairs) will become
the subject of intense debate. The introduction of a common civil code will
come into conflict with Article 25.

Why did the founding fathers of our Constitution complicate matters by not
introducing it in independent India? Why was it included under Directive
Principles of State Policy, that are not enforceable by any court of law? No
doubt, the founding fathers’ approach was pragmatic.

| Uniform Civil Code: Why it can impact Hindu Undivided Family’s tax
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Partition occurred in 1947. Pakistan’s creation was the result of a fear
psychosis in the Muslim community of losing their identity in India, given
that 80 per cent of the country’s population is Hindu. One-third of the
Muslims in pre-Partition India stayed back because they could not relinquish
the moral burden of partitioning the country in the face of the implacable
hostility of Hindu communalists. Even after 75 years of independence, the
hostility of the Hindutva brigade continues. It has been aggravated by the
Modi government’s ascension to power in 2014.

In independent India, the question of Muslims organising their community

as a political party does not arise. But the fear still exists. What if the
majority community takes advantage of its numbers to modify the
secularism of the state?

| Gender parity, equality will shape laws to bring in Uniform Civil Code

The founding fathers of our Constitution were aware of these

apprehensions. This is why they did not impose UCC. They inserted it in part
IV of the Constitution as a part of the aims and objectives to be taken up by
the state in the governance of the country. And for this, no time frame was
set. They believed that Hindus would never allow this country to become a
theocratic state since they were secular. With time, they imagined Muslims
would quickly change their attitude, political style and ambition. In
independent India, the minorities, they believed, would leap out of their shell
of isolation and launch into a brave new world, challenging orthodoxy. The
majority community would aid the minorities in these efforts. Only then, the
minorities themselves would raise the demand to align their personal laws
with mainstream secular law and thought. In the founding fathers’ vision,
that is when the state would approach the question of a uniform civil code.

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Look at the ground reality today. India’s secularism is getting lost in the
mires of realpolitik, leaving minorities in a state of insecurity and alienation.
Ghettos have become their protective cocoons again. Even the most liberal
Muslims are compelled to view themselves through the lens of their
religious identity. How is one to forge a new national identity then? The
situation has become worse today than it was during and immediately after
1947.

| G N Devy writes: On Uniform Civil Code, intent matters

A few years ago, a nine-judge Constitution Bench of the Supreme Court

headed by Justice S R Pandian said, “founding fathers of the Constitution
could not have countenanced the idea of treating the minorities as second-
class citizens. On the contrary, the dominant thinking appears to be that the
majority community, Hindus, must be secular and thereby help the
minorities to become secular… the majority community should help the
minority to realise that its religion and particular social and cultural traits
could be safe. The Constitution of India recognised diversity and plurality
among the people of India. Under these circumstances, minorities should be
helped to come out of the quagmire where they can not be exploited
anymore for their insecurity. When they cease to become cannon fodder for
political gains, only then there will be no debate or controversy on the
introduction of uniform civil court.”

The prime minister is making it seem like the implementation of the UCC is
a simple exercise. It seems like he has not gone through the report of the
last Law Commission. Having failed in delivering on good governance, the
BJP is trying to deploy the UCC to polarise the electorate in order to win the
Lok Sabha election in 2024.

The writer is former editor, Dainik Statesman

First published on: 21-07-2023 at 18:26 IST

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