Union Home Minister Amit Shah’s announcement that all 21 states governed by the National Democratic Alliance (NDA) will have a Uniform Civil Code (UCC) before the next Lok Sabha election is notable for its timing. Implementation of the UCC has been one of the Bharatiya Janata Party (BJP)’s stated objectives, along with the construction of the Ram Temple in Ayodhya and the abrogation of Article 370. The code is likely to be an important electoral plank in 2029, alongside contentious projects such as the delimitation of parliamentary constituencies. The UCC, which proposes a single set of laws for personal matters such as marriage, inheritance, and property rights – irrespective of religion, caste, or gender – has remained an ideal ever since the Constitution was framed. It envisages a uniform and secular code based on equality and social justice, making a compelling case for its rollout.
However, the UCC envisaged by the BJP and implemented by the party’s governments in some states is not secular in its intent and threatens to emerge as a majoritarian assertion masked by broad narratives about uniformity. The code is not uniform, as the BJP governments in different states have enacted laws with different provisions. Uttarakhand was the first state to implement the UCC. Subsequently, Gujarat, Assam, and Madhya Pradesh passed the relevant legislation. It could be argued that the Centre opted for state-enacted laws because it lacked the parliamentary majority to pass a national law.
The provisions in force and awaiting implementation have another feature that contradicts their stated spirit of uniformity – they leave out large segments of tribal populations, many of whom follow their own customs and practices. This exemption is the BJP’s way of avoiding a political alienation of these groups. The code, which criminalises violations, cannot be termed civil. It also comes with stipulations that impinge on the right to equality and the freedom of choice. A legal framework that is neither uniform nor civil and violates the constitutional rights of large sections of people will not promote justice, unity, or other ideals. Opposition parties and bodies, including the All India Muslim Personal Law Board (AIMPLB), have criticised the move, raising many credible concerns. Even NDA allies such as the Janata Dal (U) and the Telugu Desam Party (TDP) have reservations about the rollout. The possibility of the Narendra Modi government, which is on the back foot, deploying a polarising administrative tool to offset its electoral anxieties is real. (Source: DH)
