UCC Push Ignites Federalism Row, Diverse Stakeholder Backlash Across India

New Delhi, 18 October: The Union Government's invigorated pursuit of a Uniform Civil Code (UCC) has ignited a nationwide conflagration of political opposition and societal apprehension, with several state governments, prominent minority organisations, and a significant section of the legal fraternity decrying the move as potentially divisive, antithetical to India's federal structure, and a direct threat to the nation's cherished pluralism.

The renewed impetus, coming amidst crucial state elections and ahead of the general elections, has been met with accusations of undermining constitutional tenets and a hasty push without adequate public consultation.

Key points

* The Union Government's renewed push for a Uniform Civil Code (UCC) has triggered widespread political and social backlash across India.

* Several non-BJP ruled state governments are challenging the Centre's jurisdiction and expressing grave concerns over the potential erosion of federalism.

* Major minority religious bodies and tribal communities fear the UCC will homogenise diverse personal laws, impinging upon their constitutionally guaranteed cultural and religious identities.

* Legal luminaries and constitutional experts are questioning the timing, methodology, and the potential for legal challenges to the proposed legislation, citing complex socio-legal implications.

* The ruling party asserts the UCC is a constitutional directive principle aimed at promoting gender justice and national unity, vowing to proceed with legislative efforts.

The Chief Minister of Kerala, Pinarayi Vijayan, strongly criticised the central government’s unilateral approach, stating in Thiruvananthapuram, "Any attempt to impose a Uniform Civil Code without wide-ranging consultations and consensus building will be a grave affront to the diversity of India and a direct attack on our federal principles." Echoing this sentiment, Tamil Nadu's ruling DMK also voiced fierce opposition, with senior leader Dr.

K.

N.

Nehru, Minister for Municipal Administration, Water Supply and Drainage, remarking, "Our state believes in inclusive governance and respect for diverse cultures.

A UCC imposed from the Centre would fundamentally alter the delicate balance of our federal polity."

From the North, the Shiromani Akali Dal (SAD) in Punjab also expressed reservations.

S.

Gurjit Singh Virk, SAD spokesperson, told Toofan Express News, "Punjab's unique social and religious tapestry must be respected.

The Centre must engage in genuine dialogue with all stakeholders." Concerns are particularly acute in the Northeastern states, home to numerous tribal communities with their own distinct customary laws.

The Bhartiya Adivasi Adhikar Manch (BAAM) Convenor, Ms.

Rekha Devi, stated, "Our tribal customary laws are integral to our identity, protected by constitutional provisions.

Any move to subsume them would be met with strong resistance."

On the religious front, the All India Muslim Personal Law Board (AIMPLB) has consistently articulated its strong opposition.

Maulana Khalid Saifullah Rahmani, Secretary of the AIMPLB, reiterated their stance, "Muslim personal law is derived from the Holy Quran and Sunnah, and is an integral part of our faith.

We will not accept any interference." Dr.

Albert D'Souza, President of the All India Christian Council, added, "A UCC, if not carefully crafted, could inadvertently infringe upon the rights of all religious minorities."

Legal experts are divided.

Senior Advocate Mr.

Arvind Kumar Singh, a constitutional law expert based in Delhi, articulated, "While Article 44 is a Directive Principle of State Policy, its implementation must not violate Fundamental Rights, particularly Articles 25 and 26 which guarantee freedom of religion.

A UCC must be a product of evolution and consensus, not a top-down imposition." Conversely, Professor Meera Das, an expert in family law from National Law University, opined, "The debate often overlooks gender justice.

A thoughtfully drafted UCC could be a powerful tool for achieving equality and modernising archaic practices, provided it is arrived at through extensive dialogue."

The Union Government, however, remains resolute.

Union Law Minister, Mr.

Giriraj Singh Rathore, affirmed, "The Uniform Civil Code is a constitutional mandate, a vision of our founding fathers.

It is about treating all citizens equally under one law, ensuring dignity and justice, especially for women." He dismissed criticisms of federal overreach, stating, "Laws for the entire nation are a prerogative of the Union Parliament.

We are committed to an inclusive process, but the goal of a modern, equitable civil code remains paramount." BJP National Spokesperson, Mr.

Sudhanshu Trivedi, added, "Those who oppose the UCC often privilege vote-bank politics over genuine social reform.

We are simply fulfilling a constitutional duty."

Background

Article 44 of the Indian Constitution states, "The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India." This Directive Principle of State Policy, though not enforceable by courts, reflects the aspirations of some of the Constitution's framers for a unified legal framework governing personal matters such as marriage, divorce, adoption, inheritance, and succession, currently governed by diverse religious personal laws.

The debate around UCC is not new.

The first Law Commission, in 2018, suggested a UCC was "neither necessary nor desirable at this stage," advocating for reforms within existing personal laws.

However, the 22nd Law Commission recently initiated a fresh consultation process, inviting public and religious organisations to submit their views, signaling renewed governmental intent.

The recent push is perceived by many as strategically timed.

With the Bharatiya Janata Party (BJP) having made UCC a long-standing core agenda item, its pursuit gains urgency ahead of several state assembly elections and the impending 2024 general elections, where it could serve as a potent electoral issue.

Furthermore, the state of Uttarakhand has already begun drafting its own UCC, which, if enacted, could serve as a template or a precedent, intensifying the Centre's efforts.

What it means

The proposed Uniform Civil Code carries profound implications for India’s unique social and political landscape.

It challenges the notion of India as a pluralistic society where various communities have historically been allowed to govern their personal affairs according to their customs and religious laws, potentially leading to a homogenisation of diverse practices.

For India's federal structure, the move is contentious.

Personal laws fall under the Concurrent List of the Constitution, but the Centre's push is seen by many states as an overreach.

States argue that imposing a uniform code without their explicit consent and input would undermine cooperative federalism and could lead to legislative and administrative gridlock.

The impact on religious minorities is particularly significant.

Many fear that a UCC might inadvertently adopt elements predominantly from one majority religious law, thereby marginalising the distinct identities and practices of Muslims, Christians, Sikhs, Parsis, and tribal communities.

For tribal groups, whose customary laws are intricately linked to identity and land rights, a UCC poses an existential threat to their traditional autonomy, safeguarded by specific constitutional provisions.

Conversely, proponents argue that a UCC is essential for achieving true gender justice, transcending patriarchal biases present in many personal laws across religions.

They contend that it would provide a universal framework for women's rights regarding marriage, divorce, and inheritance.

Critics, however, argue gender justice can be achieved through reforms within existing personal laws, without resorting to a potentially divisive uniform code.

The debate thus highlights a fundamental tension between the ideals of national unity, gender equality, and the preservation of diverse cultural identities.

Reactions

The proposal for a UCC has predictably elicited a broad spectrum of reactions, consolidating opposition and galvanising support along ideological lines.

Opposition parties have largely united in their condemnation, portraying the UCC push as a diversionary tactic by the ruling dispensation.

Congress General Secretary, Mr.

Randeep Surjewala, stated, "The BJP consistently attempts to communalise issues and distract from its governance failures.

This UCC push is a cynical electoral ploy, designed to create division." Other parties like the Samajwadi Party and Rashtriya Janata Dal have also echoed these sentiments, warning of social unrest if the government proceeds without broad consensus.

However, the ruling Bharatiya Janata Party (BJP) and its allies have steadfastly defended the initiative, framing it as a necessary step towards a truly equitable and unified nation. "It is astonishing that parties claiming to be progressive are opposing a measure that aims to ensure equality for all citizens," remarked a senior BJP leader during a television debate.

They have found support from some sections of women's rights activists and organisations.

Ms.

Priya Sharma, Convenor of the 'Women for Justice' collective, commented, "For too long, women have been victims of discriminatory personal laws.

A UCC, if crafted with genuine intent for equality, offers a path to liberation.

The conversation must move beyond religious politics to focus on fundamental rights."

Intellectuals and academics are also deeply divided.

While some argue for the progressive potential of a UCC in modernising Indian society, others warn against the erosion of minority rights.

Public sentiment remains complex and largely polarised, with significant support in urban, educated pockets viewing it as a move towards modernity, while rural and minority-dominated areas often express fear of cultural assimilation.

What happens next

The path forward for the Uniform Civil Code is fraught with political, legal, and social challenges.

The 22nd Law Commission's ongoing consultation process is expected to culminate in a report and recommendations, based on which the government may then draft a Bill to introduce in Parliament.

Should a Bill be introduced, it is guaranteed to face intense scrutiny and robust debate.

Beyond Parliament, any enacted UCC is almost certain to face a barrage of legal challenges in the Supreme Court of India.

Petitions are expected to be filed questioning its constitutionality, particularly concerning its potential conflict with Articles 14, 15, 21, 25, 26, and 29.

The judiciary will then have the monumental task of balancing the state's prerogative for uniform laws with the fundamental rights of individuals and communities to practice their religion and culture.

On the ground, continued protests and public discourse are inevitable.

Religious organisations, civil society groups, and political parties are expected to mobilise their supporters, leading to further social and political polarisation.

The issue is poised to become a significant talking point in the upcoming state elections and the 2024 general elections, influencing voting patterns and shaping alliances.

The government's ability to build consensus, assuage fears, and demonstrate a truly inclusive approach to drafting the UCC will be critical in determining its ultimate fate and its impact on the unity and diversity of the Indian nation.