The Uniform Civil Code Bill, introduced by CM Pushkar Singh Dhami-led Lotus party government, was passed in the state Assembly on Wednesday, Feb 7.
Uttarakhand has become the first state in the country to bring out a legislation on the Uniform Civil Code.
Two BJP-ruled states Gujarat and Assam are likely to follow at the earliest.
The Bill, which seeks to replace the old personal laws that govern marriage, divorce, succession and live-in relationships, was passed in the state legislature amid the opposition's demand to refer it to the select committee of the House.
Joseph Story, American jurist, once said the Constitution can "perish" in an hour by the folly, or corruption, or negligence of its only keepers, the PEOPLE.
These words were also used by Sachchidananda Sinha in his inaugural address as Provincial Chairman, to the Constituent Assembly on Dec 9, 1946.
After many years these words leave a resonance these days because either so many things are happening on their own. And the rest of them are being pushed by the stakeholders in the corridors of power. It's never my case that Constitution's sacredness must be like a theological theory that could not be challenged.
But the Uniform Civil Code debate calls for a detailed deliberation.
The Sanghparivar's offshoot, the Jana Sangh was born in 1951 and along with it came the demand for the UCC.
Rather UCC was identified as a guiding principle for the march ahead by the RSS and also for all its associate organisations.
But after the BJP was floated in 1980 -- making it a new version of the Jana Sangh - the saffron party played it slow.
It wanted to address to issues raised by coalition partners and the so called governance imperatives. Now a beginning has been finally made in a small state called Uttarakhand. There is a powerful religiosity involved in it as the state carved out in 2000 is also caled 'Dev-bhoomi'.
There could be a purpose in making Dev bhoomi' a role model for other BJP-ruled states.
Sources say, two other BJP-ruled states, Assam in northeast and Gujarat in the west are ready with more or less the same draft legislation.
The fact of the matter is the abrogation of Article 370 and the Uniform Civil Code were main 'agendas' of the party. These were endorsed as the party’s guiding principles and core policies on October 21, 1951, when around 200 delegates assembled at the Arya Kanya Vidyalaya in New Delhi, where the Bharatiya Jan Sangh (BJS), the predecessor of the BJP, was born.
It was only in 1989 that the Ram temple mission was incorporated as part of the 1989 Palampur National Executive meeting. Atal Bihari Vajpayee was the BJP's founding president and he still believed in 'Gandhian socialism'.
See, how things change and rather evolve. In BJP's first Election Manifesto in 1984, the UCC was not mentioned. The party could win just two seats and even Vajpayee had lost in Gwalior to 'Indira wave' as Congress candidate was Madhavrao Scindia.
Madhavrao's mother Vijayraje Scindia was BJP's national vice president and well known to Vajpayee. Madhavrao's son Union Civil Aviation Minister Jyotiraditya Scindia is now part of the Modi cabinet.
The three contentious issues Ram Temple, UCC and abrogation of Article 370 came only after 1989.
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R Balashankar, former editor of RSS affiliate The Organiser as quoted in the 'Indian Express' says:
“For the BJP, it has been part of its core agenda from the Jana Sangh days. This is not for catching votes, nor is it a populist measure, but it is with the idea of integrating the country as one nation with one law, in civil matters like inheritance, marriage, women rights and sharing of family property… It’s a modern approach to civil rights.”
Old timers say the BJP's call for UCC turned stronger in 1985 after the Shah Bano case.
The case was significant as the Supreme Court had given alimony to a Muslim woman but the central government under Rajiv Gandhi had reversed the judgement with a law in 1986.
Instead of moving towards a uniform civil code as envisaged in the Directive Principles of the Constitution, the Bill (on Shah Bano) put the country in a 'reverse gear' by sealing off a section of people from joining the national mainstream, the RSS said. Slowly, the BJP took it to next stages ... step by step and at times by baby steps !!
Firstly, in its 1989 election manifesto, the BJP prominently mentioned UCC. It was post-Bofors era of politics and electioneering and BJP already had worked out a seat sharing formula with the Janata Dal of V P Singh.
The BJP manifesto pledged to "appoint a Commission to examine the various personal laws in vogue in the country–Hindu Law, Muslim Law, Christian Law, Parsi Law, Civil Law etc. and to identify the fair and equitable ingredients in these laws, prepare a draft with a view to evolve a consensus for a uniform Civil Code.”
This was a big 'policy level' initiative. In 1991, the BJP was left alone. The V P Singh government had fallen, L K Advani's Rath Yatra was immensely successful in north and during elections even Rajiv Gandhi died.
In 1991, the BJP manifesto mentioned UCC more prominently and said the party would appoint a Law Commission to discuss various civil laws to come up with a "Common Civil Law for the whole country ti give the citizens a feeling of unity and brotherhood".
Advani had his both political and intellectual ideas in framing these views very systematically. He was systematically and meticulously helped by the likes of K L Sharma and two of Advani's early year discoveries Late Sushma Swaraj and Late Pramod Mahajan.
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