Editorial: Diversionary tactic

Strong pitch for Uniform Civil Code seems to be deliberately timed to divert attention from NDA govt’s failures

Prime Minister Narendra Modi’s strong pitch for the contentious Uniform Civil Code (UCC) appears to be deliberately timed, ahead of the elections, to divert public attention from the NDA government’s failures. The fact that he chose a party meeting in the poll-bound Madhya Pradesh to root for a common law provides a glimpse of the saffron party’s priorities in the run-up to the elections. It could be a well-calculated ploy to wedge a divide among the non-BJP parties which are trying to overcome inherent contradictions in their efforts to forge a national alternative to take on the NDA in the next year’s general elections. Already, a number of BJP-ruled States – Goa, Gujarat, Uttarakhand and Madhya Pradesh – have begun efforts to bring in the common civil code in their States. This is a political minefield which has to be navigated with dexterity, fairness and a spirit of consensus. Introducing UCC would mean having a common code of personal laws for people of all religions, covering inheritance, marriage, divorce, child custody and alimony. At present, India’s personal laws are complex and varied, with each religion following its own specific regulations. The UCC is the last item among the core ideological agenda of the BJP that remains unaddressed, while the Ram temple in Ayodhya is well on its way and Article 370 stands abrogated. Modi’s aggressive push for the UCC comes close on the heels of the 22nd Law Commission inviting views from the general public and recognised religious organisations on the matter.

Though the Uniform Civil Code was made part of the Directive Principles, one must keep in mind the contemporary realities before embarking on such sensitive reforms. The challenge before the governments is how to harmonise a plethora of customs and social mores prevalent in a diverse society. It must be pointed out that during a lengthy discussion on the common civil code while adopting it as a Directive Principle in 1948, BR Ambedkar, the then Chairman of the Drafting Committee, had promised 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. After thoroughly examining the issue, the 21st Law Commission in 2018 concluded that a uniform civil code is “neither necessary nor desirable”. By and large, the world is moving towards accepting diversity and even celebrating it, instead of imposing uniformity. This is particularly relevant for open, liberal and democratic societies. The mere existence of difference does not imply discrimination but is indicative of a robust democracy. Cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the nation’s territorial integrity.

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