Party brings private member’s bill in Parliament on UCC, showing how PM Modi is determined to implement his promises.
The Bharatiya Janata Party in its manifesto for the Gujarat Assembly elections promised to implement the Uniform Civil Code (UCC) in the state if the party retained power. One day after the election results, the party brought a private member’s bill in Parliament on the Uniform Civil Code. It shows how Prime Minister Narendra Modi is determine to implement his promises. A private member’s Bill that seeks to provide for a panel to prepare a Uniform Civil Code was introduced in the Rajya Sabha. This Bill seeks to “provide for the constitution of the National Inspection and Investigation Committee for preparation of Uniform Civil Code and its implementation throughout the territory of India and for matters connected therewith or incidental thereto”.
The BJP has reiterated its stand in its manifesto in the 2019 Lok Sabha election and also promised to draft a Uniform Civil Code to deal with personal laws in India. They have cited Article 44 of the Constitution, under which drafting a UCC as a Directive Principle of State Policy, as well as gender equality as the reasons behind why a UCC should be drafted. They claim their UCC will protect the rights of all women, “drawing upon the best traditions and harmonising them with the modern times.”
Currently, issues like marriage, divorce and inheritance are governed by personal laws of one’s religion. As these are widely divergent, there is no consistency in the treatment of these issues for people belonging to different communities, and women have often been at a disadvantage.
Reforms to personal laws have been inconsistent, with multiple amendments brought to Hindu personal laws (which have been enacted), while Muslim law has seen fewer changes–though the Supreme Court’s Triple Talaq judgment could lead to a number of Muslim personal law practices being similarly struck down. A UCC could lead to consistency and gender equality when it comes to personal laws, and usher in some much-needed reforms.
Kiren Rijiju, Union Law and Justice Minister in a written reply to a question in the Lok Sabha, in the last session, referring to the Uniform Civil Code, said that the government has no plans to implement it in the country as of now. The Minister said that Article 44 of the Constitution provides that the State shall endeavour to secure a Uniform Civil Code for citizens throughout the territory of India. Further, he said in his reply, “Personal laws like testament and succession, will, joint family and partition, marriage and divorce are related to entry 5 of List-III of the Seventh Schedule to the Constitution. States also have the right to make laws on them.”
The UCC has been on the BJP’s political agenda for a long time and was also a part of the party’s 2019 election manifesto. BJP leaders have been raising the UCC issue from time to time. Union Minister Giriraj Singh has been calling UCC the need of the hour. Similarly, BJP MPs Kirori Lal Meena and Nishikant Dubey have tried to introduce a Private Member Bill on UCC several times in the past.
Even at the national level, experts argue, it is unclear what a uniform civil code will look like. Further, they argue that it may entail taking away benefits currently enjoyed only by Hindus and, therefore, unlikely to be enacted by the BJP.
BJP-ruled Uttarakhand has already moved ahead on this matter. A committee has been constituted to implement UCC in the state. With the latest observation made by the Law Ministry, other states may also be encouraged to pursue UCC legislation at the state level.
Besides Uttarakhand, two other BJP-ruled states, Himachal Pradesh, and Uttar Pradesh, have also pushed for bringing the UCC. Gujarat Home Minister Harsh Sanghavi, along with Union Minister Parshottam Rupala, announced that the state will constitute a committee headed by a retired High Court judge to evaluate all aspects for implementing the UCC.
Home Minister Amit Shah told party functionaries at the BJP office in Madhya Pradesh that it was “time to focus” on a Uniform Civil Code. The issue has also gained traction recently in Supreme Court, especially after the top court indicated that the government should explore the UCC as a means to secure gender justice, equality and dignity of women. Hindu religious codes apply in cases such as the division of matrimonial assets and child support after divorce.
Article 44 contained in part IV of the Constitution says that the state “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
While there is no draft or model document yet for the UCC, the framers of the Constitution envisioned that it would be a uniform set of laws that would replace the distinct personal laws of each religion with regard to matters like marriage, divorce, adoption, and inheritance. Part IV of the Constitution outlines the Directive Principles of State Policy, which, while not enforceable or justiciable in a court of law, are fundamental to the country’s governance.
The clause on UCC generated substantial debate in the Constituent Assembly about whether it should be included as a fundamental right or a directive principle. The matter had to be settled by vote; with a majority of 5:4, wherein the sub-committee on fundamental rights headed by Sardar Vallabhbhai Patel decided that securing a UCC was not within the scope of fundamental rights.
Anyway, we should accept the ideas and thoughts for social reforms and economic development in our country. Mahatma Gandhi told us to keep our homes open to the winds of our country, but we should be careful that we are not swept off our feet. From Mahatma Gandhi to Narendra Modi, the objective of social reforms is a better quality of life for every citizen of our great nation.
To change society, every citizen of India has a role to play their own way. Our history proves that every effort started by great reformers received wide support from the masses for the success of missions. Therefore, now also hope for good support at every step of changes in the laws for the benefit of the Indian Society.
The writer is the Editorial Director of ITV Network-India News and Dainik Aaj Samaj.