Editorial: Unilateral political code

It is intriguing that Modi chose I-Day address to push for an idea over which the coalition partners have reservations

Prime Minister Narendra Modi’s call for a Uniform Civil Code (UCC) — for the first time during his Independence Day address — appears to be a clever ploy to put the opposition parties on the defensive. By framing it as ‘secular civil code’, he 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 the Prime Minister chose the ramparts of Red Fort to dub the existing structure as “communal civil code” and make an impassioned plea for a “secular civil code”. At a time when the NDA 3.0 is dependent on the support of 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 the abrogation of Article 370 ending special status to Jammu & Kashmir. And, it still remains unfulfilled. There are expectations in political circles that the introduction of UCC 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.

Though UCC was made part of the Directive Principles of the Constitution, successive governments have refrained from going ahead with the idea in view 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, 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. 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 for the world because of its unity and diversity. This is India’s unique strength. The mere existence of difference does not imply discrimination but is indicative of a robust democracy.

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