UCC Push Ignites Political Firestorm: Opposition, Stakeholders Allege Divisive Agenda Ahead of Polls

New Delhi, 15 October 2023 – The Union Government's invigorated pursuit of a Uniform Civil Code (UCC) has unleashed a torrent of criticism and widespread pushback from across India’s diverse social and political spectrum, with stakeholders alleging a divisive agenda and questioning the timing of the renewed legislative push just months ahead of the crucial general elections.

The Law Commission of India's recent public consultation process, inviting views on the UCC, has opened a Pandora's Box of contentious debate, bringing to the forefront deeply entrenched ideological, religious, and constitutional fault lines.

Opposition parties and various community organisations have vehemently accused the ruling Bharatiya Janata Party (BJP) of attempting to polarise the electorate and divert attention from pressing economic and social issues.

Key points

* The Law Commission of India has initiated a fresh public consultation for a potential Uniform Civil Code, reigniting a long-standing national debate.

* Opposition parties, prominent minority religious organisations, and several tribal bodies across states are vehemently opposing the move, citing threats to India's cultural diversity, religious freedom, and constitutional guarantees.

* Critics accuse the ruling government of strategically employing the UCC as a polarising political tool to consolidate its vote bank ahead of the upcoming general elections.

* Proponents argue that a UCC is imperative for achieving genuine gender justice, promoting national integration, and upholding the secular principles enshrined in the Indian Constitution.

* Legal experts remain divided on the feasibility, constitutional validity, and potential socio-cultural ramifications of implementing a single, uniform set of personal laws across all communities.

The debate has intensified following the Law Commission's public notice inviting submissions, a move widely perceived as a step towards legislative action.

The government, through various spokespersons, has maintained that the UCC aims to ensure justice and equality for all citizens, particularly women, by replacing diverse personal laws based on religion, custom, and tradition with a single, secular legal framework for matters such as marriage, divorce, inheritance, and adoption.

However, this assertion has met with fierce resistance. "This is a clear attempt by the government to create communal disharmony and deflect public scrutiny from its failures on employment, inflation, and social cohesion," stated Ms.

Priya Singh, National Spokesperson for the Indian National Congress. "The timing is deeply suspicious, coming right before a general election, clearly designed to inflame sentiments rather than foster genuine legal reform."

Echoing similar sentiments, Maulana Khalid Rashid Firangi Mahali, Chairman of the Islamic Centre of India and a prominent member of the All India Muslim Personal Law Board (AIMPLB), articulated strong objections. "The UCC directly infringes upon the religious freedom and cultural autonomy guaranteed to minorities under Articles 25-28 of the Constitution," he told Toofan Express News. "Our personal laws are an integral part of our faith and identity.

A uniform code would be an attack on India's pluralism, not an advancement of justice." The AIMPLB has, in fact, prepared a draft of objections to be submitted to the Law Commission, highlighting concerns about majoritarian imposition.

The push for UCC also faces significant hurdles from various tribal communities, particularly in states like Jharkhand, Chhattisgarh, and the North-East, where customary laws govern many aspects of life.

Mr.

Sona Ram Hembrom, President of the Adivasi Adhikar Sangathan, warned, "Our customary laws are foundational to our identity, land rights, and cultural survival.

The UCC threatens to erase centuries of tradition and our unique way of life, without any prior consultation with tribal bodies.

This is a betrayal of the constitutional protections for tribal communities."

Proponents of the UCC, however, dismiss these criticisms as politically motivated and resistant to progress. "The aim of a Uniform Civil Code is to provide gender justice and ensure that no citizen, particularly women, is discriminated against on the basis of religious personal laws that often perpetuate patriarchal practices," Union Law Minister Shri Raghav Sharma asserted during a press conference. "It is a progressive step towards a truly secular and equitable society, as envisioned by our Constitution makers in Article 44.

This is not about targeting any community, but about national integration and equal rights for all."

Official data from the Law Commission indicates a massive influx of submissions during the public consultation period, with several lakhs of responses received from individuals and organisations across the country, signifying the sheer scale of public interest and polarisation surrounding the issue.

This deluge of feedback is currently being scrutinised by the Commission, which is expected to formulate its recommendations soon.

Dr.

Anjali Verma, a Constitutional Law expert at the National Law University, Delhi, offered a nuanced perspective. "While Article 44, a Directive Principle of State Policy, calls for a UCC, its implementation requires careful navigation of fundamental rights, especially Articles 25-28 concerning freedom of religion," she explained. "The challenge lies in drafting a code that respects India's immense diversity while ensuring genuine equality and justice, particularly for women, without appearing to impose a majoritarian viewpoint.

Goa's civil code, often cited, is a legacy of Portuguese rule and cannot be simply replicated nationwide."

Background

The concept of a Uniform Civil Code is enshrined in Article 44 of the Indian Constitution, which states that "The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India." This Directive Principle has been a subject of political debate since independence.

The Supreme Court has, on several occasions, including in the Shah Bano case (1985) and the Sarla Mudgal case (1995), urged the government to take steps towards implementing a UCC.

The 21st Law Commission, under Justice B.S.

Chauhan, had also examined the issue and, in 2018, concluded that a UCC was "neither necessary nor desirable at this stage," suggesting instead reforms within existing personal laws.

The current 22nd Law Commission, headed by Justice Ritu Raj Awasthi, decided to revisit the issue, issuing a fresh public notice in June, reigniting the debate.

What it means

The implementation of a Uniform Civil Code would fundamentally alter the landscape of personal laws in India.

It would replace diverse religious codes (Hindu Marriage Act, Muslim Personal Law (Shariat) Application Act, Christian Marriage Act, etc.) with a single, common law governing marriage, divorce, maintenance, inheritance, adoption, and guardianship for all citizens, irrespective of their religion.

For proponents, this signifies an end to gender disparity prevalent in some personal laws and a move towards genuine secularism.

For opponents, it represents an erosion of cultural and religious identity, a threat to India's unique federal and pluralistic character, and a step towards majoritarian assimilation.

The implications for tribal customary laws, often intertwined with their unique social structures and land rights, are also profound and largely unaddressed in the current public discourse, raising fears of cultural decimation.

Reactions

Reactions to the UCC push have been sharply divided.

Politically, most opposition parties, including the Congress, Trinamool Congress, Samajwadi Party, DMK, and left parties, have voiced strong objections, characterising it as a diversionary tactic.

Minority religious organisations, including the All India Muslim Personal Law Board, the Jamiat Ulema-e-Hind, and various Christian denominational bodies, have rejected the proposal, citing threats to religious freedom.

The Shiromani Gurdwara Parbandhak Committee (SGPC) has also expressed reservations, asserting that the Anand Marriage Act, governing Sikh marriages, should remain untouched.

Some women's rights organisations and progressive groups, however, have cautiously welcomed the debate, hoping it could pave the way for gender-just laws, provided it is consultative and not imposed.

Conversely, a section of Hindu nationalist organisations and several BJP-aligned bodies have strongly endorsed the UCC, advocating for its swift implementation as a cornerstone of national unity.

What happens next

The Law Commission is currently sifting through the millions of submissions received.

Its next step will be to prepare a detailed report and recommendations, which will then be submitted to the Union Government.

Following this, the government might choose to introduce a bill in Parliament.

However, given the contentious nature and the upcoming general elections, the legislative process is expected to be fraught with political challenges, intense parliamentary debates, and potential walkouts.

Legal challenges to any proposed UCC legislation in the Supreme Court are almost a certainty, irrespective of its content, making the path to its enactment long and arduous.

The political temperature surrounding this issue is only expected to escalate as India moves closer to the polls, ensuring that the UCC remains a potent electoral talking point.