Amid the rising political heat ahead of state assembly elections in the upcoming winter in five states — Madhya Pradesh, Rajasthan, Telangana, Chhattisgarh, and Mizoram — Prime Minister Narendra Modi has called for the implementation of the Uniform Civil Code (UCC) in India.
The UCC has been a major campaign promise of the ruling Bharatiya Janata Party (BJP). It proposes replacing the personal laws of various religious communities with a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance and maintenance.
Read: Uniform Civil Code can't be forced on people by agenda-driven majoritarian govt: Chidambaram
Article 44 of the Indian Constitution states that the state "shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
Political commentators note that the ruling BJP excels at highlighting issues that maybe irrelevant but can be made relevant.
“PM Modi has the ability to simplify complex matters. He advocated for the UCC in Bhopal, questioning why different family members should have different laws to abide by. However, the UCC is inherently complex. The Prime Minister knows that his opponents will react, which benefits him in gaining traction during election campaigns," said political analyst Rasheed Kidwai.
Mixed-bag outcome
The BJP has previously made announcements about implementing the UCC during elections in Gujarat, Karnataka and Himachal Pradesh. While the party won in Gujarat, it lost in the other two states.
During an address to party workers in Bhopal on June 27, Prime Minister Narendra Modi emphasised the inclusion of the UCC in the Constitution and the Supreme Court's directive to enforce it.
“There is diversity in India but there is no uniformity in laws and practices. Even Muslim personal laws differ among different sections. The government is clearly leveraging the UCC for the upcoming general elections, but it lacks any experimental data on its effects," commented Kidwai.
He opined that leaders like AIMIM chief and Lok Sabha MP Asaduddin Owaisi are responding to what PM Modi has been saying and it fulfils the need of the BJP.
“The more the Opposition reacts to this issue, the more the BJP will benefit from it. The UCC will become a major campaign poll plank for the BJP,” added Kidwai.
Read: PM Modi's call for Uniform Civil Code ignites opposition backlash
The Uttarakhand move
Earlier, on May 28, 2022, the BJP-led government in Uttarakhand constituted a five-member committee headed by former Supreme Court justice (retired) Ranjana Prakash Desai to prepare a draft proposal for the implementation of the UCC in the state.
Uttarakhand Chief Minister Pushkar Singh Dhami, soon after Prime Minister Modi's statement, stated that the UCC would be implemented in the state soon. The government is currently awaiting the final draft from the constituted panel.
On June 14, 2023, the Law Commission of India initiated a new consultation process on the UCC and invited the views of the general public and recognised religious organisations within 30 days.
Law Commission Chairman Justice Rituraj Awasthi told the news agency ANI, “We have received 8.5 lakh responses so far. The UCC is not a new issue in the country. A reference on it was received in 2016, and a consultation paper was released in 2018. The matter was taken up in November 2022, following which appointments were made, and now the matter is being addressed."
Congress party stance
Congress senior leader Adhir Ranjan Chowdhury said nobody has stopped the BJP to bring UCC in the form of legislation in Parliament.
He said, “The BJP shouldn’t blame the Opposition or Congress. If they have guts they should table it in Parliament. It’s a well-known fact the issue is controversial. We cannot single out a particular community. As a responsible party, we won’t be a mute spectator,” Chowdhury added.
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