The heavy publicity of the Uniform Civil Code appears to have been deliberately staged to divert attention from the failure of the NDA government
Post Date – 12:15 AM, Thu – 29 June 23
Prime Minister Narendra Modi’s push ahead with the controversial Unified Civil Code (UCC) appears to have been deliberately staged to divert public attention from the failure of the NDA government. The fact that he chose to hold a party conference in favor of common law in the poll-central state of Madhya Pradesh offers a glimpse into the saffron party’s priorities ahead of the election. This may be a well-orchestrated tactic to sow divisions among non-BJP parties that are trying to overcome their inherent contradictions in an effort to forge a national alternative to confront the NDA in next year’s general elections. Some of the BJP-ruled states – Goa, Gujarat, Uttarakhand and Madhya Pradesh – have already begun efforts to introduce a common civil code within their states. This is a political minefield that must be tackled with flexibility, fairness and a spirit of consensus. Introducing the UCC meant creating a common personal code for people of all religions, covering inheritance, marriage, divorce, child custody and alimony. At present, personal laws in India are complex and diverse, and each religion has its own specific regulations. UCC is the last unresolved item on the BJP’s core ideological agenda, while Ayodhya’s Rama Temple is well underway and Article 370 has also been abolished. Modi gave a big push for the UCC after the 22nd Law Commission consulted the public and recognized religious organizations on the matter.
While the Uniform Civil Code has become part of the Guiding Principles, we must bear in mind contemporary realities before undertaking such sensitive reforms. The challenge for governments is to reconcile the many customs and social mores that are prevalent in diverse societies. It must be noted that in 1948, during the lengthy discussions on the Ordinary Civil Code as a guiding principle, the then Chairman of the Drafting Committee, BR Ambedkar, had promised that the Uniform Civil Code would not be enforced on the people as Article 1 of the Civil Code. Article 44 “recommends only the State’s efforts to enact a civil code”. Ambedkar also highlighted the possibility that a future parliament could enact regulations applying the UCC on a “purely voluntary” basis. The 21st Legislative Council in 2018 concluded after a thorough review of the issue that a unified civil code is “neither necessary nor desirable”. In general, the world is moving towards accepting diversity, and even celebrating diversity, rather than imposing uniformity. This is especially important in open, free and democratic societies. The existence of differences does not mean discrimination, but a manifestation of the soundness of the democratic system. Cultural diversity must not be compromised because our desire for unity itself becomes a threat to the territorial integrity of nations.
