A placeholder for the Uniform Civil Code

Considering that this is going to remain a hot topic for some time to come, I am creating this post to act as a placeholder for links and articles related to the Uniform Civil Code.

Last month, one of the key points in BJP’s political agenda shot to the forefront when the PM made a public pitch for a Uniform Civil Code at a meeting with party volunteers. As a talking point, this was unexceptional. UCC has been part of BJP’s manifesto for almost 25 years. But the timing of the remarks was clearly political, with an eye on the national elections.

And as far as politics go, that too is unexceptionable.

But for those of you who want to get a broader perspective (and quite selfishly, for my own education & understanding), I am adding a few links below looking at various aspects of the move and uncovering nuances that are likely to be lost or ignored amidst the shrill rhetoric.

I personally favour the move but also realise that it will be hard to get this legislated before the next general election. I think the consultation and discussions/negotiations process will be longer than a few months. I am glad though that there is at least a clear articulation of the intent and it is now clear that this will happen at some point – whatever may be the challenges in formulation and implementation.

On to the links. The first is a recent article by the redoubtable Sh. S Gurumurthy, which describes the historical backdrop to demand for UCC: The 1937 Act divided India. Will UCC integrate it?

Next, an article by S Swaminathan Aiyar that I stumbled upon quite by chance, from 2021 in which he supported the move but wrote that expecting the PM to propose this before the next election “… sounds implausible.” He was perhaps not the only one to think so. The PM has surprised commentators and veteran journalists before. This will not be the last time.

As most of you would know by now, there is constitutional sanction for such a move. Article 44, one of the Directive Principles of State Policy specifically spells out that the state shall endeavour to secure a Uniform Civil Code for its citizens. Some of you may also know that Goa already has a version of the uniform civil code as a legacy of Portuguese occupation although it has its own challenges e.g., read this Lesson from Goa’s uniform civil code and How uniform is Goa’s civil code?.

Among the states, Uttarakhand has formed a committee to look into various aspects of the proposal and various state CMs have talked about it at different times,

Finally, an unusual take arguing against such a code from former comrade-in-arms, Sanjeev Sabhlok, “We need uniform civil law, not uniform civil code”. I think his argument would have held ground if people were indeed “free” to choose their religion, community and customs. This is hardly the case with some communities in India where gender bias is glaring and continues to date.

Having said all that, I don’t believe it is going to be straightforward to bring any such law.

Even BJP allies and one-time partners are opposed to UCC (also here and here). What is significant is the timing of the proposal. It will undoubtedly impact the elections in 2024. It’ll be interesting to see how.