Political Diary
New Delhi,
4 July 2023
Modi’s New Gamble
UNIFORM CIVIL CODE ANYONE?
By Poonam I Kaushish
In this monsoon season it’s raining
defections in Maharashtra where the BJP-Shiv Sena ‘double engine’ Government
has now been charged with ‘triple energy’ with infusion of Ajit Pawar’s NCP . Amidst this confusion
confounded trust Prime Minister Modi to set the cat among pigeons when he
pitched for the Uniform Civil Code (UCC) highlighting the importance of
equality as enshrined in the Constitution last week.
Predictably it triggered sharp
reactions from Opposition Parties and Muslim clerics. Hitting out at Parties who
reveled in Muslim appeasement and incited minorities against the Code he
asserted, “You tell me, in a home, how can there be one law for one member and
another law for the other member?
“Will that home be able to function?
Then how will the country be able to function with such a dual system? We have
to remember that even in our Constitution, there is a mention of equal rights
for all,” he added. This comes a week after the Law Commission invited public’s
view and “recognized” religious organizations within 30 days..
Questionably, can Modi Sarkar bring UCC? Yes. The Constitution
talks about it, Ambedkar was a strong votary, Supreme Court has batted for it innumerably
and now the Prime Minister is leading from the front by hooting for it for the
first time. Moreover, BJP has the numbers in Lok Sabha even as the situation
may not be as good for it in Rajya Sabha, but “floor management” can see the
Government through.
The Upper House’s majority mark is 119
and BJP plus allies is 103. Add one Independent MP and five nominated members, it
is 10 short. APP and Udhav Thackeray’s Shiv Sena have expressed qualified
support, BJD with 9 MPs is also likely to extend support, which will further
fragment the Opposition which has been scrambling for unity. Also, 10 seats
will go to the polls soon.
So, how does this stack up? UCC
supporters see it as a way to ensure gender equality. For example, polygamy is
illegal under IPC but Muslim men are allowed to have up to four wives under Sharia
Islamic law. Polygamy also exists in many tribal communities and it might become
an issue for BJP in the middle of its massive tribal outreach.
It’s a political tightrope walk for
the Opposition. Any wonder, Congress has made plain it will make plain its
views once it sees the Bill. Other leaders don’t want to be seen as bitterly
opposed to Modi’s push for a UCC, even as they have voiced their disagreement dismissing it as a “political stunt”.
Calling the Government’s policies divisive they demand discussion
which would be the “safest way” to proceed. “Let us understand its entire
dynamics”, said a senior leader. Adding, it has been brought up to
divert attention from real issues and finds Prime
Minister’s remarks aimed at the 2024 general elections.
Expectedly, the All India Muslim
Personal Law Board has termed UCC unconstitutional and anti-minority as the
Constitution allows every citizen to live life according to their religion which
is part of Fundamental Rights. Not a few leaders see it as a ploy to crush
India’s plurality and secularism by diluting rights sanctioned under Islam. Averring
it would lead to India’s “Hinduisation” and endanger Muslims and Christians.
It is a ‘minority versus majority’ issue
and Hindutva Brigade’s policy for Muslims living in India. It would
disintegrate the country and hurt its diverse culture, they warn. Interestingly,
Muslim women have a mixed reaction. Recall, post Parliament declaring practice
of triple talaq illegal,
unconstitutional and made it punishable following a Supreme Court order in
2019 many became Modi’s fans and saw BJP
as a potent force and could vote for the Party.
Many public luminaries
whoop for UCC underscoring it divests religion from social relations and
personal law like
Hindu Code Bill, Shariat law etc which are based on scriptures and customs
of various religious communities. Replacing it with a common law
governing personal matters: marriage, divorce, adoption, inheritance and
succession for citizens irrespective of religion, harmonising
diverse cultural groups, removing inequalities and protecting women rights,
thereby creating a gender-equal society.
Moreover, as India's political
realities have changed so much since 2014 and modern society is gradually
becoming homogenous whereby traditional barriers of religion, community and
caste are slowly dissipating thus supporting national
integration. The UCC provides protection
to vulnerable sections and religious minorities, while encouraging
nationalistic fervour through unity. A thought echoed by Supreme Court in various judgments.
Surprisingly, liberal
Muslims have chosen to remain silent on UCC. Given many Islamic countries have
codified and reformed Muslim Personal Law to check its abuse. Polygamy has been banned in Syria, Tunisia,
Morocco, Iran and even Pakistan.
Should they not
support a voluntary UCC? But this is
easier said than done due to the country's diversity and religious laws, which
not only differ sect-wise, but also by community, caste and region.
As the cacophony for and against UCC
grows louder the correct answer lies somewhere in between. However, what cannot
be denied is UCC will benefit BJP electorally as it will be used as a ploy to corner
the Opposition about being pro-Muslim. A majority of Hindus would view
it as the Party implementing its agenda.
Besides, even if it is not brought
before elections, the discourse around it and the resultant sharp divisions
might be a significant advantage for the Saffron Sangh as the Code has been a
key agenda of BJP and part of its 2019 Lok Sabha election manifesto alongside Ram
temple at Ayodhya which is set to be inaugurated in January next and abrogation
of Article 370 in J&K which have been fulfilled.
Further, Uttarakhand is already in
the process of framing its common code soon, Gujarat unleashed its UCC genie
November last by setting up a committee to study its implementation and intends
rolling it out pre-poll, the third State after Himachal and Assam and Goa already
has a UCC regardless of religion, gender, caste. It has a common family law
whereby all Hindus, Muslims and Christians are bound with the same law related
to marriage, divorce, succession.
Certainly the path to UCC is
sensitive and difficult but it must be taken. A beginning has to be made if the
Constitution is to have any meaning. Discrimination cannot be justified on the
grounds of traditions and customs. To establish equality the law that regulates
population of a country should also be one. A common civil code will help the
cause of national integration by removing desperate loyalties to laws, which
have conflicting ideologies.
What next? Ultimately, no community
should be allowed to veto or block progressive legislation. Time now to reject
different laws for different communities, implement Article 44 and reform
India.
One cannot progress riding on past’s
wheels. India needs uniform laws and should figure what is satisfactory to all
groups. Criminal and commercial laws are basic, so there is little purpose
behind common laws to appear as something else. It just partitions Indians on
the premise of religion that should not happen in the 21st century. It is
beyond endurance of sensitive minds to allow injustice to be suffered when it
is so palpable. What gives? ---- INFA
(Copyright, India
News & Feature Alliance)
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