Political Diary

New Delhi,, 6 February 2024

Uttarakhand UCC

IS  INDIA  NEXT ?

By Poonam I Kaushish 

It’s been an in-n-out political doors week: one Chief Minister switches sides, another is arrested and a third anointed in his place topped by Opposition accusing BJP of ‘luring’ aka bribing MLAs to dump their Party. Amidst this, in salubrious hilly Uttarakhand history was made when it became the first State to implement the Uniform Civil Code (UCC), the last of BJP’s core agendas after it fulfilled repeal of Article 370 in J&K and construction of a ‘magnificent’ temple in Ayodhya, following recommendations from a Government-appointed committee. 

Primarily, UCC a long-debated legal reform aims at uniformity in personal laws, like marriage registration, child custody, divorce, adoption, property rights and inter-State property rights regardless of religious beliefs. It gives importance to safeguarding interests of women, children and differently-abled and covers equal rights for daughters living on ancestral properties and gender equality. The State also seeks a ban on polygamy, child marriage and registration of live-in relationships. 

It divests religion from social relations and personal laws related to marriage, inheritance, family, land etc, bypasses contentious issue of reform of existing personal laws based on religion --- Hindu Marriage Act (1955), Hindu Succession Act (1956) Hindu Code Bill, Shariat law and Muslim Personal Law Application Act (1937). It would ensure all Indians are treated equally, provide gender equality and help improve women’s condition. Tribals’ though have been kept out of its purview.

Pertinently, the need for a UCC arises due to existence of discriminatory practices and is considered crucial to achieving social reform, eliminating inequities, and upholding fundamental rights. The BJP is clear: It believes no country should have any religion-based law other than a single law for citizens. Moreover, UCC provides protection to vulnerable sections and religious minorities, while encouraging nationalistic fervour through unity.

Naturally, Opposition opposes this on the fallacious ground UCC would interfere in religious groups personal laws and right of religious freedom unless religious groups are prepared for change (sic). It’s a ‘minority vs majority’ issue and Hindutva Brigade’s policy for Muslims living in India. It would disintegrate the country and hurt its diverse culture, they warn. 

Many whoop for UCC underscoring it is a comprehensive 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.

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. A thought echoed by Supreme Court in various judgments. 

Those against it argue it violates Constitutional freedom to practice religion of choice which allows communities to follow their respective personal laws. For example, Article 25 gives every religious group the right to manage its own affairs and Article 29 the right to conserve their distinct culture. Also, the Constituent Assembly’s Fundamental Rights sub-committee deliberately did not include UCC as a Fundamental Right.

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 alongside the consecration of the Ram mandir 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.

Towards that end Assam’s Chief Minister Biswas avers he might copy paste Uttarakhand’s Bill while Gujarat unleashed its UCC genie November 2022 by setting up a committee to study its implementation and intends rolling it out pre-poll, the third State after Himachal 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. 

However, some are wary UCC will impose a Hinduised code for all communities as it could include provisions regarding personal issues like marriage that are in line with Hindu customs but will legally force other communities to follow the same.

Legal experts are divided on whether a State has the power to bring about UCC. Some assert as issues like marriage, divorce, inheritance and property rights come under the Concurrent List, 52 subjects on which laws can be made by both Centre and States, State Governments have the power to impose it.

Not a few disagree as giving States the power to bring about UCC could pose a number of practical issues. Think. What if Gujarat has UCC and two people who get married there move to Rajasthan? Which law will they follow?

Besides, being a Directive Principle of State policy it is not enforceable. Notably, Article 47 directs the State to prohibit consumption of intoxicating drinks and drugs which are injurious to health. But alcohol is sold in most States and different States have different legal ages for drinking alcohol.

Arguably, what is it about the Code that makes politicians other than Hindutva Brigade see red? Why should UCC be viewed as anti-minority? If Hindu personal law can be modernized and a traditional Christian custom struck down as unconstitutional, why should Muslim personal law be treated as sacred? Should the State discriminate by caste and religion? 

Alas, over the years deliberate distortions of religion to suit narrow personal-political agendas and vote-banks have vitiated the country, obfuscating a crucial fact: Ambedkar advocated “optional” UCC. He made two observations.  One, Muslim Personal Law was not immutable and uniform throughout India.

Regrettably, in today’s politico-social reality Ambedkar’s advice is ignored and dismissed as utopian hypothesis and Article 44 remains a dead letter. Undoubtedly, both Hindus and Muslims have lost sight of their respective religions essentials, instead largely misled by bigots and fundamentalists. Worse, even the educated are speaking language barely distinguishable from that of Hindu-Muslim fundamentalists. Their stock answer to every critique: Religion is in danger.

Complicating matters there are too many religious practices and beliefs governed by personal laws, and unless we as a society are ready to give up everything that we are used to, then there can be a UCC. Think. Marriage, divorce, inheritance are not concepts that can be regulated strictly by uniform laws, because they are all part of a personal lifestyle which is interwoven within religious identity.

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)