Modi calls for Uniform Civil Code and calls 7 decades old laws 'Communal'
New Delhi
In his 11th and first Independence Day ceremonial speech after this yea's polls from the ramparts of the historic Red Fort in New Delhi, Prime Minister Narendra Modi made a strong pitch for introducing the Uniform Civil Code (UCC).
This is not a very surprising remark as Modi's party Bharatiya Janata Party (BJP) had been campaigning on these lines and made electoral promises to implement the same.
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What caught many of his friends and foes by surprise was his assertion that, "A large section of the country believes—and it is true—that the Civil Code that we are living with is actually a communal civil code in a way."
India attained freedom from British colonial rule in 1947 and since then have been preferring the religious pluralism.
Modi and the BJP in 2024 general elections held in summer months had promised to replace the existing religion-based civil codes with a 'common' law to govern marriage, adoption, divorce and inheritance norms for all Indians.In fact, the BJP manifesto asserted that - “there cannot be gender equality till such time India adopts a Uniform Civil Code [UCC], which protects the rights of all women.”
To many - Modi's statement is a path breaking one. Over the decades, BJP detractors, secular writers and political rivals such as communists and India's grand old party Congress (now in opposition)had labelled BJP as a "pro-Hindu communal party". But this time the table has been turned.
This is perhaps seen as one of the "biggest assaults" on the Nehruvian secularism cherished by India'sLeft liberals and also by minorities including Christians and Muslims.
"That's a big and ruthless message to the Sickularists (concoction for Secular forces) and the "ecosystem" ofCongress and communists. Modi has sought to redefine Indian politics in the realms of an entirely neo Secular-Communal narrative," says Varanasi-based pro-right wing analyst Tushar Bhadra.
Journalist Harsh Vardhan says, "Modi has changed the political agenda of last 75 years as pursuedby his rivals".
However, there are others who disagree with what the Prime Minister said.
Christians are opposed to the UCC. Earlier this year during the election season, the Federation of Catholic Associations of the Archdiocese of Delhi stated that a “united” nation need not necessarily have “uniformity.”
Many Muslim leaders see the UCC as interference with centuries-old Islamic practices, including polygamy and instant divorce. Some others consider a common code as “a violation of the fundamental right of religious freedom" as guaranteed in the Indian Constitution.
"This is like a hot air balloon being floated to somehow distract people and polarise the society," remarked Congress spokesperson Supriya Shrinate.
Communist Party of India (CPI) leader D Raja said whatever Modi spoke only exposes the"divisive" political agenda of the BJP.
Along with the Ram temple at Ayodhya and abrogation of Article 370 that gave autonomy to Muslim-majority Jammu and Kashmir, the UCC was the third contentious poll promise of the BJP since its foundation on April 6, 1980.
Two other pledges have been fulfilled and inclusion of UCC in the governance agenda of the Modi government is therefore no surprise. Prime Minister Modi and his party colleagues including foreign minister S Jaishankar have time and again trumpeted the fulfillment of its promise on Article 370 that actually revoked autonomy in Jammu and Kashmir – the country’s only Muslim-majority region.
The proposed Uniform Civil Code will be a federal measure that would cover laws related to religion-based legal practices that govern marriage, inheritance and divorce.
Ideally, analysts say the UCC represents a call for unity; but in a communally sensitive pluralistic India, the concept of UCC is more often interpreted as a sign or tool of 'imposition' of Hindu-led Uniformity.
But the BJP leaders argue there are issues such as laying emphasis and ground rules for Equality of inheritance and this may have to be welcomed even by some minorities especially women amongst Muslims and Christians.
However, all these are easier said than done.
Parsis do not recognize the rights of adoptive daughters but allows an adopted son to perform the last rites for the father.
A section of the Christian community, like the Catholic Church, does not recognize divorce.
The Christian divorce law makes a separation period of two years mandatory for any couple to get a mutual divorce, while the Succession Act of 1925 gives Christian mothers no right to the property of their deceased kids.
In the Christian-majority Nagaland state in the northeast region, the indigenous Naga tribal people follow extreme male chauvinism in certain matters despite their adopting Christianity and being English-educated.
In some societies, women do not have rights to their husbands' wealth after their death; their brothers share it.
Under the Parsi Marriage and Divorce Act of 1936, any woman who marries someone from another religion loses all rights to Parsi rituals and customs.
However, left to the Prime Minister Modi and his party, the UCC is a noble concept based on equity. In July 2023
addressing party cadres in Madhya Pradesh, Modi had said "two laws in a house (read country) is not acceptable".
Modi also had linked his party's UCC project to women rights especially for the Muslims suggesting the practice of Islamic laws actually encourages discrimination against Muslim women. Indian political parties are actually divided.
Reports suggest the Congress party in 2023 discussed the issue among themselves and tried to present only a nuanced view.
After the meeting attended by the former federal Home Minister P Chidambaram and level legal luminaries it was made clear that while 'uniform inheritance laws' could be supported; the Congress will oppose any imposition of "Hinduised uniformity".
Modi has also played a smart politics with the Uniform Civil Code card as Maharashtra-based Shiv Sena had in the past favoured UCC in select areas.
Maharashta along with Haryana and Jharkhand with tribals and substantial Christian voterswill go to the provincial polls in October-November that is -- within hardly two months.
The All India Muslim Personal Law Board opposes the UCC stating such a new system would snatch away Muslims' their rights as protected under Muslim personal laws. All Muslims in India are governed by Muslim Personal Law called Shariat of 1937.
In February 2024, the BJP-ruled Uttarakhand state in north India enacted the UCC.
The Uniform Civil Code is against the tenets of the Quran, the holy book of the Muslims, said Samajwadi Party.
The UCC envisages banning polygamy and consanguine marriages – prevalent among some Muslims
– and criminalises Islamic practices such as Halala, iIddat, and forms of Islamic divorce.
'Iddat' is the 130-day period in which a woman must not remarry, to remove all ambiguity about paternity should pregnancy have occurred after the death of her husband or after a divorce.
The UCC as enacted in Uttarakhand also means :
** The same Laws for Marriage, Divorce and Inheritance for all
** No Gender difference between a son and a daughter; and the kid
will be referred to in the law book as a 'Child'.
** There will be equal Inheritance rights for both men and women
** Strict prohibition to Child Marriage
A number of BJP leaders and provincial Chief Ministers have pledged to introduce UCC.
Assam Chief Minister Himanta Biswa Sarma is a vocal proponent of the same.
In Assam, the controversial anti-healing Bill piloted by the Himanta Biswa Sarma government had galvanized Christians and tribals against the BJP nominees this impacted BJP's electoral fortunes in many segments during 2024 general elections to Indian Parliament.
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