PM Narendra Modi has raked up the issue of the Uniform Civil Code (UCC) to divert attention from the burning problems, including the unabated violence in Manipur.PM’s remarks are a ‘dogwhistle’ topolarise the electorate ahead of the 2024 Lok Sabha elections.
Manipur has been burning for the last over two months. Why has he not uttered a single word?Modi has equated the nation to a family while pitching for UCC.His comparison may appeartrue, but the reality is far from truth.A family is knit together by blood relationships. On the other hand, a nation isbrought together by aconstitution which is a socio-legal document. Even in a familythere is diversity.The Constitution of India recognises diversity and plurality among the peoplesof India.
The AAP extended its ‘in-principle support’ to a Uniform Civil Code but with a caveat that itshould be implementedonly after consultations and building aconsensus.There should be largescale consultations with religious groups and political parties before its implementation.
The PM’s pitch for UCC is intended to divert attention from burning problems like inflation, unemployment,hate crimes,discrimination and denying states their rights.The people mustbe vigilant.
UCCshould not be considered a move against any particular communityor religion.Not only the Muslims but the various Hindu sectsand tribal communities toohave concerns over a uniform civil code.UCC is part of directive principles ofstate policy,not enforceable or justiciablein a court of law. It hasbeenon politicalagenda of theBharatiya Jana Sangh and its successor Bharatiya Janata Party,now in poweras NDA partner at the centre.
In 2018, the 21st Law Commission concludedthat the UCCis ‘neither necessary nor desirable’ but on 14thJune 2023, the 22nd Law Commission once again decided to deliberate afreshon theUCC. It has sought views and ideas of public at large and religious organisations.The Hindus fear that the proposed UCCmay abolish concept ofHindu Undivided Family,which allows them to claim tax relief.They also apprehendthat the move could affect customary practice of marriage among relatives.
The Muslim organisations feel UCC could affect theirreligious freedom and personal practices related toMarriage,Divorce, Adoption,Inheritance andSuccession basedon Islamic Shari’ah.
Over 30 Adivasi organisations have opposed this latestpush.Theyargue that such a ‘Uniform law’ would wipe out thetribal customs and practices constitutionally protectedunder the Fifth Schedule of the Constitution.
Considering above objections in 2018, the 21st Law Commission alreadysaid that a UCC was neither necessary nor desirable.Why has the22nd Law Commission once again raised thisissue when the 21st Law Commission in2018 already concluded “a united nation need not necessarily have uniformity”?
By raising this issue once again,the Government at the Centre wants anissue for the forthcoming 2024 general elections.Making a pitch for a common personallaw code,the PM reachedout to two subsectionsof Muslims – Women and PasmandaMuslims,whom the BJP has been trying to woo as part of the larger outreach to the beneficiary.The BJP is trying tocreatean impression that the opposition to the UCC is an anti-Muslim move.Therefore, the Muslim bodies are cautious notto counter theUCC by taking it just as an anti-minoritymove,insteadhow UCC willaffect other communities too.
The UCC test balloon is afloat,but itsimplementation would be apurely political decision based on an assessment of its impact on the coming electoral battlefields of Rajasthan,Madhya Pradesh, Chhattisgarh, Telangana and general elections.
[Prof. Nazeer Ahemed Kazi teaches at SECAB Institute of Engineering and Technology (SIET), Vijaypur, Karnataka]