Uniform Civil Code: BJP rushes to tick the third and final box

A straightforward strategy of the Bharatiya Janata Party (BJP), since it came to power at the Centre in 2014, has been to prove that what its predecessor couldn’t do in decades of rule, it will implement stoutly and resolutely. The enactment of a Uniform Civil Code (UCC) has been on the BJP’s agenda for a long time. A contentious piece of legislation, cast aside for 70 long years, it has now picked pace and that too through a surprisingly well-oiled mechanism. The UCC was a key poll plank of the BJP under Atal Bihari Vajpayee during the 1998 elections — the others being the abrogation of Article 370 and the construction of the Ram Mandir in Ayodhya. Now, with Article 370 and Ram Mandir out of the way, as mission accomplished, the BJP has turned its focus on the third box which remains yet to be ticked. I believe this won’t be easy. Far from it, the move to push UCC through could trigger agitation, possible violence, social pushback and vicious politicking. Yet, as they say, “Barkis is willing.” Obvious and palpable questions: Why now? What exactly is the UCC? How does it impact the minorities? How does the UCC clash with personal laws? What are the benefits of implementing the UCC? And is it purely an election-driven agenda? For starters, the BJP included the implementation of the UCC in its election manifesto for the 2019 general elections. So, the die is cast. But first what is the Uniform Code of Conduct? The UCC, which comes under Article 44 of the Constitution of India, proposes to introduce personal laws that would apply to all citizens equally, irrespective of their religion, gender, caste, etc. It essentially refers to a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance, and succession. At present, the personal laws of various communities are largely governed by their religion. The All India Muslim Personal Law Board (AIMPLB) called attempts by various state governments and the Centre to introduce a Uniform Civil Code in India “an unconstitutional and anti-minorities move”. Clearly, the Muslims are not going to bite easily. Politically, there have been recent tremors. And the seismic activity is gaining momentum in BJP-ruled states. Uttarakhand chief minister Pushkar Singh Dhami said that his government was preparing the first draft of a UCC to be implemented in the state. Before the Uttarakhand Assembly election, Dhami had said that a UCC would be implemented in the state if BJP is voted back to power. Besides, Uttar Pradesh and Assam are jostling in the queue to figure out which shape and form it can be implemented in. Other BJP states like Madhya Pradesh and Himachal Pradesh, where Assembly elections are due this year, have also expressed their intent but are currently playing a waiting game. The litmus paper test lies in gauging how well UCC would be received by people in Uttar Pradesh and Uttarakhand.

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Also Read **Karnataka hijab controversy: Why Modi government should seriously think about Uniform Civil Code** **Uniform Civil Code: Why states can't legislate on this subject and why Goa example doesn't hold ground** **Amid Udupi hijab controversy, demand for Uniform Civil Code grows stronger** **Why it is right time to discuss and work towards a Uniform Civil Code, shorn of religious rhetoric** **After Uttarakhand and Uttar Pradesh, growing calls in BJP-ruled states for Uniform Civil Code: What does this mean for India?**

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As always, while implementing tough decisions, the BJP is willing to bear the brunt of minor electoral reverses. Yet, it would not like to get sucked into an ugly vortex of prolonged agitation, violence or religious obscurantism. The Left-liberals are also up in arms as they have their minority vote bank to protect. CPM leader Sitaram Yechury is already saying that the UCC move is geared to promote the Hindu agenda. Under Article 44 of the Directive Principles of the State Policy of the Constitution, the framers wanted the states to make endeavours to implement it. But 70 years have gone by with nothing to show for. Article 44 states, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. However, since the Article comes under the Directive Principles of State Policy, they are regarded as guidelines and not mandatory. At present, personal laws are largely governed by religion. Personal laws are those that govern people based on their religion, caste, faith, and beliefs. These laws are made after due consideration of customs and religious texts. These laws distinctly mention the rules pertaining to marriage, divorce, maintenance, adoption, co-parenting, inheritance, succession, the partition of family property, guardianship, wills, gifts, charitable donations, etc. Personal laws for both Hindus and Muslims are based on their religious texts and scriptures. As per available information, Hindu personal law is based on ancient texts like Vedas, Smritis, and Upanishads and modern concepts of justice, equality, conscience, et al. Muslim personal law is primarily based on the Quran and Sunnah (which pertains to the sayings of Prophet Mohammad and his way of life). Apart from Quran, Ijma (consensus among the learned Muslim jurists on legal issues) and Qiyas (analogical deduction) are also regarded as sources for Muslim personal law. Similarly, Christian personal law is based on scriptures (Bible), traditions, reason, and experience. This is exactly where the pushback is expected to come from. And the reasons why introducing a UCC would be so difficult in a diverse country like India. The introduction of a UCC is likely to annul all such codified laws and bring in a law that would be common to all citizens. Moreover, personal laws, as per legal opinion, are often conflicting and contradictory and are not uniformly applied across courts and regions. The introduction of the UCC is being perceived as a balm for these problems. It sounds good on paper. May not be so in its proposed implementation. A flashback to history reveals the idea of a UCC has been present in some form in India since British rule. However, although the British wanted the codification of various laws related to crime, contracts, and evidence, they wanted to keep the personal laws of the Hindus and the Muslims separate as part of their divide-and-rule policy. The Shah Bano case of 1985 was a landmark judgement as it showed the progressive character of Muslim women and other sections of Muslim society while highlighting their plight and challenging religious orthodoxy. It led to the passage of The Muslim Women (Protection of Rights on Divorce) Act, 1986, nullifying the Supreme Court order. The act stipulated maintenance to a divorced woman only during the period of “iddat,” or till 90 days after the divorce, according to the provisions of Islamic law. This highlighted the dominance of political populism over equality, human rights and social justice. So, now we tackle the reasons why the opposition to a uniform law? In October 2015, the Supreme Court said that a Uniform Civil Code is essential in the country. It said, “This [separate laws for different communities] cannot be accepted. Otherwise, every religion will say it has a right to decide various issues as a matter of its personal law. We don’t agree with this at all. It has to be done through a decree of a court.” In 2016, AIMIM leader Asaduddin Owaisi said: “Uniform Civil Code (UCC) is not merely a Muslim issue. It’s an issue which will be opposed by the North East, especially Nagaland and Mizoram.” Of India’s 8-10 crore tribal population, around 12 per cent live in the North East, as per official figures. These tribes follow their own laws based on their customs. For example, in Meghalaya, a matrilineal society, property succession and marriage laws are governed by their traditional and customary procedures. UCC could therefore trigger perceived discord as the counterargument. From a legal standpoint, at present, Muslim Personal Law deprives women of various rights like succession and equal/fair rights in marriage and divorce. Some Islamic scholars would oppose the move to implement UCC as it would reduce their power. Reform is the key, irrespective of religion. Hinduism abolished Sati. Equality in the Right to Property was brought in for women. Uttarakhand may not be the first state to implement a Uniform Civil Code. Goa has a version of what is seen as a UCC. In fact, it is the only state in India to follow a common law for all its citizens. Owaisi slammed the BJP for being silent over a provision of Goa’s common civil code which he said allows Hindu men to marry twice. “As per Goa civil code, Hindu men have the right of second marriage if wife fails to deliver a male child by the age of 30. BJP has the government in that state too but they are silent over the matter,” he said. Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya said: “One law for all in one country is the need of the hour. It is required that we get out of the system of one law for one person and another for others. We are in favour of a common civil code.” Himachal Pradesh chief minister Jairam Thakur said that his government would look to implement the UCC in the state. He said that his government would examine the UCC before taking a final decision on the same. The punchiest remark came from Assam chief minister Himanta Biswa Sarma. He said that the legislation was necessary to give justice to Muslim women. He said that if the UCC was not implemented in India, ‘polygamy system’ would continue and men would be able to marry multiple times, thereby curtailing the fundamental rights of women. So, what is the way forward to implement the UCC? Possibly one of the ways could be for Uttar Pradesh, Assam and Uttarakhand to take the initiative; legislate a bill and send it to the President for assent. This ought to be preceded by an extensive debate in Parliament. Of course, the underlying assumption is once the minority community sees its benefits on the ground, realises it does not attack their faith nor dilutes their social standing; they might be more agreeable to wave the green flag. And in the end, there is every likelihood of the Supreme Court having to intervene in a matter which has all the potential to snowball into a bigger mess. No wonder, the genie was kept in the bottle for 70 years. Proponents of reform need to keep the pressure on to ensure that this effort does not get slow-walked or bogged down in the devilish details. The author is CEO of nnis. Views expressed are personal. Read all the Latest News , Trending News ,  Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.