UCC Push Ignites Fierce Political Storm: Minority Groups, Opposition Vow Stiff Resistance

New Delhi, Delhi — India is bracing for a significant political and social upheaval as the Union government signals an accelerated push for a Uniform Civil Code (UCC), a move that has swiftly drawn fierce condemnation from a broad spectrum of minority groups and opposition parties who accuse the ruling dispensation of stoking communal polarisation ahead of crucial elections.

While proponents argue the UCC is a constitutional mandate for gender justice and national unity, its detractors view it as an encroachment on religious freedom and an attempt to homogenise India's diverse personal laws, setting the stage for one of the most contentious legislative debates in recent memory.

Key points

* The 22nd Law Commission's fresh call for public opinion on the UCC signals the government's renewed intent to introduce the code. * Major minority religious bodies, particularly Muslim and Christian organisations, have voiced strong opposition, citing threats to religious and cultural autonomy. * Opposition parties accuse the Bharatiya Janata Party (BJP) of using the UCC as a diversionary tactic and a tool for electoral mobilisation. * The debate highlights a fundamental clash between the principles of uniformity and diversity within India's constitutional framework. * Legal experts are scrutinising the potential scope and constitutional validity of any proposed UCC, especially concerning its application to various communities.

Following the 22nd Law Commission's recent public notice inviting views on the UCC, the political temperature in the national capital has soared.

The notice marks a departure from the 21st Law Commission's 2018 consultation paper, which famously concluded that a UCC was "neither necessary nor desirable at this stage," recommending reforms within existing personal laws instead.

The current Law Commission, under Justice Ritu Raj Awasthi (Retd.), has justified its fresh review by citing the "relevance and importance" of the subject and various court orders.

Union Law Minister Kiren Rijiju, while not directly commenting on the timeline, has repeatedly stated that the government is committed to examining all facets of the UCC. "It is a matter of constitutional duty to work towards a Uniform Civil Code," Rijiju told reporters last week. "The government respects all traditions, but the ultimate goal is equality and justice for all citizens, especially women, across all communities.

This is not about targeting any single community; it is about modernising our laws."

However, this assertion has been vehemently challenged by numerous stakeholders.

The All India Muslim Personal Law Board (AIMPLB) has been particularly vocal, rejecting the Law Commission's overture as a "futile exercise" and politically motivated. "The very premise of a Uniform Civil Code is antithetical to the spirit of India's pluralism and its constitutional guarantee of religious freedom," stated Maulana Khalid Saifullah Rahmani, General Secretary of the AIMPLB. "We have our Shariat, which is based on divine injunctions.

Imposing a uniform code would be an assault on our religious identity and practices.

The government should focus on economic development, not on divisive issues."

Similar sentiments have been echoed by Christian organisations.

Reverend Dr.

P.C.

Singh, President of the National Council of Churches in India, expressed grave concerns. "Our personal laws govern marriage, divorce, adoption, and succession, rooted in our faith.

Any attempt to dilute these through a UCC would deeply impact our community's way of life and religious autonomy," he articulated from Nagpur.

Opposition parties have quickly seized on the issue, accusing the BJP of using the UCC as a political wedge issue in the run-up to the 2024 Lok Sabha elections. "This is a desperate attempt by the BJP to divert attention from pressing issues like unemployment, inflation, and social unrest," remarked Abhishek Singhvi, a senior leader of the Indian National Congress. "The 21st Law Commission had already established that a UCC is neither necessary nor desirable.

Why the sudden U-turn?

It's clear that their agenda is not justice, but polarisation and electoral gain."

Derek O'Brien of the Trinamool Congress (TMC) added, "India thrives on its diversity.

To impose uniformity from the top down, especially on matters as personal as family law, is authoritarian and dangerous.

The government should desist from these divisive tactics and instead foster harmony."

Interestingly, some women's rights activists and organisations have expressed cautious support for the UCC, viewing it as a potential tool to address gender disparities inherent in various personal laws. "While respecting religious diversity, we must acknowledge that many personal laws, across communities, have provisions that disadvantage women in matters of inheritance, maintenance, and guardianship," said Dr.

Kavita Krishnan, a prominent women's rights advocate based in Bengaluru. "A truly equitable UCC, developed through extensive consultation and consensus, could be a path towards genuine gender justice, provided it does not compromise the fundamental rights of any individual."

Background

The demand for a Uniform Civil Code stems from Article 44 of the Indian Constitution, a Directive Principle of State Policy, which states that "The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India." Despite this directive, India has largely maintained a system of separate personal laws for different religious communities, covering aspects like marriage, divorce, adoption, inheritance, and succession.

These include the Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriage Act, Indian Divorce Act, Parsi Marriage and Divorce Act, and Sharia-based personal law for Muslims.

The debate gained prominence after landmark Supreme Court judgments, such as the Shah Bano case in 1985, which highlighted the complexities and inequalities arising from diverse personal laws.

Over the decades, various governments have grappled with the issue, but none have successfully enacted a UCC due to the significant political and social sensitivities involved.

The BJP has consistently included the implementation of a UCC in its election manifestos, alongside the abrogation of Article 370 (which has already been done) and the construction of the Ram Temple.

What it means

The renewed focus on the UCC carries profound implications for India's secular fabric and its diverse society.

For the ruling BJP, it aligns with its core ideological tenet of 'one nation, one law,' appealing to its Hindu nationalist base.

If implemented, a UCC would fundamentally alter the legal landscape governing family matters for hundreds of millions of Indians, potentially overriding age-old customs and religious practices.

Legal scholar and constitutional expert, Professor Alok Kumar from Jawaharlal Nehru University, highlighted the intricate nature of the challenge. "Crafting a UCC that respects constitutional principles of equality and non-discrimination, while simultaneously navigating the complexities of religious freedom and cultural diversity, is an enormous task," he noted. "Any poorly drafted or coercively implemented code risks inviting immediate judicial challenges and widespread civil disobedience, potentially leading to deep social fissures.

The scope of 'uniformity' itself needs careful definition – whether it implies a common minimum standard or a complete obliteration of distinct practices."

Moreover, the timing of this push, just months before key state elections and the general election, is widely seen as a strategic political manoeuvre.

It has the potential to consolidate votes along communal lines, an accusation the opposition is keen to press.

Reactions

The push for UCC has elicited a mixed but largely polarised response across the country.

**Religious Minorities:** Muslim, Christian, and Sikh bodies have largely expressed strong opposition.

Beyond the AIMPLB, organisations like the Jamiat Ulema-e-Hind have also warned against the move, characterising it as an attack on India's constitutional principles.

Sikh organisations, while governed by the Anand Marriage Act, also fear that a UCC could subsume their distinct identity and practices.

**Opposition Parties:** Beyond the Congress and TMC, parties like the DMK, CPI(M), and others have voiced strong dissent, portraying the UCC as a BJP ploy for political mileage.

They argue that a divisive issue like this should not be pursued without broad national consensus, which currently seems elusive.

**Ruling Alliance & Allies:** The BJP and its ideological allies, such as the Vishwa Hindu Parishad (VHP), have unequivocally supported the move, citing its potential for national integration and gender justice.

However, some regional allies within the BJP-led National Democratic Alliance (NDA) might face internal dilemmas, particularly those with significant minority populations.

**Civil Society and Legal Experts:** There's a significant divergence here.

While some legal experts and women's rights groups advocate for a progressive UCC to ensure gender equality, others caution against a top-down, hurried approach that could ignore diverse cultural nuances.

Concerns are also raised about the lack of a detailed draft or framework from the government, making a meaningful public debate difficult.

**State-level Initiatives:** The discussion has also taken a state-level dimension, with Uttarakhand already having constituted a committee to draft a UCC for the state.

This fragmented approach could complicate a national implementation.

What happens next

The Law Commission is expected to continue its consultation process, collecting submissions from the public, religious organisations, and legal experts.

This period is likely to be marked by intense lobbying, public discourse, and possibly protests across various parts of the country.

If the Law Commission submits a favourable report, the Union government could then proceed to draft a Bill for the UCC.

Introducing such a Bill in Parliament would undoubtedly lead to a tumultuous session, with fierce debates expected from both sides of the political spectrum.

The government would require a parliamentary majority to pass such legislation, which it currently possesses in the Lok Sabha but would need careful management in the Rajya Sabha.

Furthermore, any enacted UCC is almost certain to face multiple legal challenges in the Supreme Court, with petitions arguing its unconstitutionality on grounds of violating religious freedom and other fundamental rights.

The judicial review process could be protracted and decisive, ultimately shaping the future of personal laws in India.

The political repercussions, especially in the run-up to the 2024 general elections, are anticipated to be significant, influencing voter sentiment and potentially redefining political alliances.