‘Secular Civil Code’: Behind PM Modi’s clarion call, a push to fulfil Jana Sangh’s first core agenda

Prime Minister Narendra Modi raised the issue of Uniform Civil Code during his Independence Day speech today. (PTI Photo)

Prime Minister Narendra Modi on Thursday made a strong pitch for the implementation of a Uniform Civil Code and said that the time had come that the "communal civil code" made way for a secular one. He was addressing the nation from the ramparts of the Red Fort in Delhi on the occasion of India’s 78th Independence Day.

"The Supreme Court has held discussions regarding Uniform Civil Code again and again, it has given orders several times. 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…I would say that it is the need of the hour to that there be a Secular Civil Code in the country…only then would we be free of the discrimination on the basis of religion," he said.

The Prime Minister’s assertion for the implementation of a Uniform Civil Code in his first I-Day speech after assuming power at the Centre for a third consecutive term underlines the government’s intent to see it through despite Opposition from several quarters.

Uniform Civil Code: A core BJP-RSS agenda

The Prime Minister’s clarion call from the Red Fort ramparts signals the BJP taking further strides towards the implementation of the Uniform Civil Code, which would fulfil its third and last core ideological agenda after the abrogation of Article 370 and the construction of a Ram Temple in Ayodhya.

However, the push for a UCC is not new to the BJP and, in fact, precedes the push for Ram Mandir and Article 370 abrogation since its Jana Sangh days. The matter of UCC was endorsed as the saffron party’s guiding principles and core policies on October 21, 1951, when around 200 delegates assembled in Delhi, where the Bharatiya Jana Sangh (BJS), the predecessor of the BJP was born.

However, it never featured in their election manifesto till 1989 when the Bharatiya Janata Party, formed in 1980, after the then Rajiv Gandhi government overturned the Supreme Court’s judgment in the Shah Bano case in 1986.

In 1989, the BJP’s manifesto prominently mentioned the Uniform Civil Code and promised 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".

UCC: A recurring theme for BJP

Ever since its formation, and the mention of the UCC in the election manifesto of the Bharatiya Jana Sangh in 1967 and the BJP in 1989, the UCC has been a prominent agenda for the BJP.
In the 1991 general elections, the BJP said that it would appoint a Law Commission to discuss various civil laws to come up with a "Common Civil Law for the whole country to give the citizens a feeling of unity and brotherhood".

In 1993, it tabled a resolution seeking the setting up of a Commission to frame law on the UCC.
"We will adopt a Uniform Civil Code which will be applicable to every community and foster a common Bharatiya identity, apart from ensuring gender equality. Regressive personal laws will cease to have legal validity," the BJP said in its manifesto ahead of the 1996 elections.

After a brief period of silence on the matter during the 1999 and 2004 general elections, the BJP under Lal Krishna Advani raised the issue aggressively again. "We will set up a Commission to draft a Uniform Civil Code, drawing upon the best traditions and harmonising them with the modern times. The Commission will also study reforms towards gender equality in other countries, including Islamic countries,” the BJP’s 2009 poll manifesto read.

The issue returned to prominence with the Narendra Modi government coming to power. The issue was among the BJP's key promises in its manifesto ahead of the 2024 Lok Sabha elections as well.

What is Uniform Civil Code?

Fundamentally, the idea behind the UCC is to establish a single set of laws to govern personal matters like marriage, divorce, inheritance and adoption applicable to all citizens of India regardless of their religion.

Article 44 of the Constitution of India enshrines the Directive Principle that the state shall endeavor to secure a Uniform Civil Code for its citizens. However, the decision to enact a UCC is left to the discretion of the government, underlining the complex nature of the issue.

Despite numerous discussions over the years, successive governments have grappled with the challenge of implementing a UCC due to its politically sensitive nature.

In February this year, Uttarakhand became the first Indian state to pass a Bill to implement the UCC to "govern and regulate laws related to marriage and divorce, successions, live-in relationships, and matters related thereto".