By Purva Mudiraj
What is UCC?
The Uniform Civil Code aims to formulate and implement personal laws for citizens that apply to all citizens equally, regardless of their religion, gender, or sexual orientation. The BJP has consistently promised to implement the UCC, but Union Law Minister Kiren Rijiju said in Parliament this year that there are no plans for a panel to implement the UCC. He requested the 22nd Law Commission examine issues, but the chairperson and members haven’t been appointed. The main ideology behind UCC is “one nation,one law.”
Background
There may be one law for all, but this is a country of diversity where all religions and communities have their own personal laws. Personal laws were initially framed during the British Raj for Hindu and Muslim citizens. The debate for a uniform civil code in India dates back to the colonial period. Disputes between Hindu and Muslim communities led to variations in scriptural or customary laws. In 1937, the Sharia law was passed, governing Indian Muslims by Islamic laws on marriage, divorce, maintenance, adoption, succession, and inheritance. Hindus were required to follow the Hindu Code Bill, while Muslims and other religions were allowed to follow their own laws.
Hindu Rashtra and its relationship with the UCC
Uttar Pradesh Chief Minister Yogi Adityanath referred to India as a ‘Hindu Rashtra’ and hoped ‘Akhand Bharat’ would come true in the coming times. He emphasised that Hindu identity is a cultural citizenship for every Indian, not a creed, religion, or sect. So it is being speculated that implementing the UCC is a very well thought-out move to take a step towards making a Hindu Rashtra. The UCC proposes monogamy, equal rights for sons and daughters, and gender and religion-neutral laws. These proposals may not significantly impact Hindu society, as they have been in place for decades through Hindu Code bills. But this is completely beyond the laws of other religions, so it would be better to suggest that their personal laws be amended. Experts have strongly criticised this decision of the government, as it completely contradicts the concept of a secular India
Hinduism is being misused.
Indianization does not involve converting everyone to Hinduism. It involves understanding that we are allies of the land and share common ancestors. Indianization does not require quitting one’s religious system but rather believes that a single religious system is not suitable for the entire human society. Therefore, they contradict the personal laws of all religions while claiming with one lip that being a Hindu does not require conversion. Article 25 is also violated since the code does not let people follow their personal laws. The 90-year-old economist and Nobel Laureate Amartya Sen strongly disapproved of the idea of UCC and linked it with advancing the idea of “Hindu Rashtra”. “The Uniform Civil Code is a difficult and old issue. There are differences among us. There are differences in religions, and there are differences in rules and customs. We need to remove those differences and be united. Hindu Rashtra is not the only way for progress; Hinduism is being misused.”
AIMPLB’s views on UCC
AIMPLB (All India Muslim Personal Law Board) counterblasts the opposition, saying that it will lead to a loss of Muslim identity. Unity will only be preserved if personal laws are allowed to thrive. This is the imposition of the morality of the majority on the minority. Activist Saira Shah Halim emphasised this, saying it is very clear that it is nothing but election campaigning for 2024. The BJP does not have any issue of policy that it can boast about; it cannot talk about any achievements, but it has only a divisive agenda to gain from the 2024 elections.
Conclusion
Which law is the government trying to bring uniformity to through UCC? We already have a uniform criminal code, and the irony here is that it is working fine because the rapists in the Bilkis Bano case were released and the accused in the wrestler’s harassment is roaming free. What kind of uniformity is the government trying to bring about? UCC is neither necessary nor desirable. Instead, the government should focus on reforming or amending the personal laws, keeping in mind the idea of eliminating all forms of discrimination.
