Prime Minister Narendra Modi’s impassioned plea for a Uniform Civil Code—made for the first time during his Independence Day address—appears to be a clever ploy to put the opposition parties on the defensive; a strategic move to set the agenda.
By framing it as a “secular civil code”, the Prime Minister seemed to be targeting the self-professed secular opposition parties which have always targeted the BJP leadership for using the UCC as a ploy to demonise the Muslim community. It was significant that he chose the ramparts of Red Fort to dub the existing structure a “communal civil code” and make an impassioned plea for a “secular civil code”. This repositioning is aimed at taking the secular winds out of the Opposition’s sail.
At a time when the NDA 3.0 is dependent on the support of its allies like the Janata Dal (United) and the Telugu Desam Party to provide a stable government, it is intriguing that Modi chose the Independence Day address to push for an idea over which the coalition partners have reservations.
It is clear that the BJP leadership has not made any attempt to take the allies on board over the issue. The UCC has been one of the three core ideological agendas of the saffron party, along with the Ram temple at Ayodhya and abrogation of the Article 370 ending special status to Jammu and Kashmir. And, it is the only one that remains unfulfilled.
There are expectations in political circles that the introduction of the Uniform Civil Code could be one of the defining moments of the NDA’s third term in office. However, both the JD (U) and TDP are uncomfortable with the idea, fearing a backlash from the Muslim community. They would, in all probability, insist on building a political consensus before introducing the UCC.
Uttarakhand template
The BJP-ruled Uttarakhand was the first state in the country to adopt the Uniform Civil Code (UCC) in February this year. The model is expected to serve as a testing ground for the saffron party to assess the larger impact of the move at the national level.
The party’s manifesto in 2019 and 2024 had promised to introduce a uniform civil code in the country.
“Article 44 of the Constitution lists the Uniform Civil Code as one of the Directive Principles of State Policy. BJP believes that there cannot be gender equality till such time Bharat adopts a Uniform Civil Code, that protects the rights of all women, and the BJP reiterates its stand to draw a Uniform Civil Code, drawing upon the best traditions and harmonising them with modern times,” the 2024 manifesto said.
Repackaging a core ideology
Invoking the constitution and the highest court of the land, the Prime Minister, in his Independence Day address, said, “In our country, the Supreme Court has repeatedly discussed the Uniform Civil Code... a large section of the country believes — and there is truth in it — that the Civil Code that we are living with is actually a kind of Communal Civil Code, a discriminatory Civil Code.”
He further said, “When we are celebrating 75 years of the Constitution, and the spirit of the Constitution also tells us to do what the Supreme Court of the country tells us to do, it is the responsibility of all of us to fulfil the dream of the Constitution makers. I believe there should be a discussion in the country on this serious issue, it should be a wide discussion. Everyone should come up with their views. The laws which divide the country based on religion, which become the reason for discrimination, such laws cannot have any place in modern society.”
Integral part of Directive Principles
Though uniform civil code was made part of the Directive Principles of the Constitution, successive governments have refrained from going ahead with the idea because of the sensitivities involved. It must be based on a broad consensus rather than be imposed by fiat from above. Any attempt to impose a common code could lead to social friction and erosion of faith in the constitutional guarantee of freedom of religion.
During a lengthy discussion on common civil code while adopting it as a directive principle in 1948, BR Ambedkar, the then Chairman of the Drafting Committee, had assured that the UCC would not be enforced upon the people as Article 44 “merely proposes that the State shall endeavour to secure a civil code”.
Ambedkar also underlined the possibility that a future Parliament could make provisions for applying the UCC in a “purely voluntary” manner.
One must recognise the fact that the world, by and large, is now moving towards accepting diversity, instead of imposing uniformity. This is particularly relevant for open, liberal and democratic societies. India, home to different religions, customs and cultures, has been a role model to the world for its unity in diversity.
This is India’s unique strength and must be preserved. The mere existence of difference does not imply discrimination but is indicative of a robust democracy.
Be that as it may, the freedom of religion, if becoming a hindrance to the fabric of equality and lawfulness in the nation, must be dealt with by a law that does not discriminate based on gender, religion, caste, or creed and treats all citizens fairly.
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