Uniform Civil Code helps BJP jump into the ring as a saviour of women, but is it only that?

On the face value we know or presume the Uniform Civil Code as a tool that should unify India's personal laws that govern matters such as marriage, divorce, maintenance, adoption and inheritance. For starters, it is a national agenda of the BJP and was also pledged in the 2014 election manifesto when Narendra Modi was the prime ministerial face.

A group of citizens in Assam's Majuli region 

"The BJP believes that there cannot be gender equality till such time India adopts a uniform civil code, which protects the rights of all women, and the BJP reiterates its stand to draft a uniform civil code, drawing upon the best traditions and harmonizing them with the modern times," the 2014 saffron party manifesto said. A legislation has been now brought in by the Uttarakhand state legislature. 

All eyes are also on states such as Assam and Gujarat when the UCC enforcement will trigger intense debate. To a section of intellectual and political class, the UCC as being brought by the BJP is being perceived as 'anti-Muslim'.

In 2021, some estimates have placed Assam's Muslim population at about 14 million, out of 35 million total population, thus making up 40% of the state population. Gujarat, where the BJP is in power since 1995, Muslim Population is estimated to be 58.47 Lakhs (9.67 percent) of total 6.04 Crore. 

Christian Population in Gujarat is 3.16 Lakhs (0.52 percent). 

"Basically, there is no use of such a kind of Uniform Civil Code (UCC) when you are yourself saying that certain communities will be exempted from the Act. 

Then where is the uniformity? UCC means that the same laws should be implemented on each and every citizen of the state," Khalid Rashid Farangi Mahali, executive committee member of All India Muslim Personal Law Board said. 

Of course in India different communities have their own set of laws where laws governing divorce among Hindus different to those governing Muslims or Christians.

The UCC Uttarakhand 2024 Bill includes recommendations such as a complete ban on polygamy and child marriage. 

The key features of the new Bill include - equal property rights for sons and daughters, elimination of the distinction between legitimate and illegitimate children, equal property rights after death, and inclusion of adopted and biological children.

It is also stated that to prepare the report, a high-powered panel collected lakhs of feedback, written and online, held several public forums and 43 public outreach programs, and engaged with over 60,000 people. According to CM Pushkar Dhami, the UCC Bill is an outcome of public dialogue, deliberation, and suggestions.

The Uttarakhand government had formed a panel - led by retired Supreme Court judge Ranjana Prakash Desai - to prepare a draft for the UCC in 2022. The panel comprising retired justice Pramod Kohli, social activist Manu Gaur, former Uttarakhand Chief Secretary Shatrughan Singh, and Vice Chancellor of Doon University, Surekha Dangwal prepared a draft report of over 740 pages and has four volumes.  

Without naming them, the bill effectively bans polygamy and 'halala' practised among a section of Muslims. Marriages, though, can be solemnised through separate rituals, like saptapadi, nikah and anand karaj, followed by different communities.  

The bill has kept the hill state's small tribal community out of the legislation. It has mandated the registration of live-in relationships. It talks about giving legitimacy to children born of live-in relationships.  

"There is the question of fundamental rights. I have a right to practice my religion and culture, this Bill forces me to follow a different religion and culture. In our religion, inheritance and marriage are part of religious practice, it is a violation of Articles 25 & 29 to force us to follow a different system," says AIMIM leader and lawmaker from Hyderabad, Asaduddin Owaisi. 

Owaisi said any such law can only be enacted by the Parliament as it contradicts the Shariah Act, Hindu Marriage Act, SMA, ISA.

(Uttarakhand Chief Minister Pushkar Singh Dhami holding the Constitution of India on his way to the state assembly in Dehradun on Tuesday, February 6, 2024, to table the Uniform Civil Code Uttarakhand 2024 Bill )

"If different states start interfering in the personal laws then there is a possibility of the law being misused in various states. It can be used to indulge in vote bank politics by trying to secure the votes of one community against the other resulting in polarisation," says Harish Rawat, former Congress chief minister of Uttarakhand.