UCC - BJP may wait for 2024 polls, issue to be kept politically alive

 UCC may wait for 2024 polls, issue to be kept politically alive

The preference will be for some states to enact and implement such a code first before the Centre brings to force an overarching law.

Written by Deeptiman Tiwary , Liz Mathew

New Delhi | Updated: July 31, 2023 11:11 IST

The UCC is the last of the BJP's ideological agenda after the scrapping of Article 370 and the construction of Ram temple in Ayodhya. (Express photo by Anil Sharma/File)

The BJP-led government is unlikely to push through a Uniform Civil Code — one law applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, etc — in the current term. The UCC is the last of the BJP’s ideological agenda after the scrapping of Article 370 and the construction of Ram temple in Ayodhya.

The party would, however, keep the issue alive and fresh in the political discourse, sources in the government and the party said.

Following PM Narendra Modi’s first public push for the UCC at a rally in Bhopal on June 28, expectations had built up that a legislation may soon be enacted. Top functionaries in the party as well as the government said a law would require far deeper research and wider consultation, and thus it was unlikely to come into force before the 2024 Lok Sabha polls.

To keep the issue alive, a number of BJP leaders have made statements on the need for the UCC. On Friday, a private member bill ‘Suitable legislation to implement Uniform Civil Code throughout the country’ moved by BJP Lok Sabha MP from Jharkhand Sunil Kumar Singh was listed. The Lok Sabha did not function to take up bills.

As reported by The Indian Express earlier, the Sangh Parivar has been of the view that states may implement the UCC on their own, and the Centre may wait before it embarks on an exercise for an overarching law. “It can be taken up in the next term, but the preference is to get it implemented in the states,” the source said.

A number of state BJP governments —Uttarakhand, Madhya Pradesh and Gujarat — have already begun efforts to bring in a UCC; Uttar Pradesh and Assam are yet to make any significant moves.

“The party is keen to see that a bill on UCC is introduced in Uttarakhand as the state government-appointed expert committee is at the final stages of its report and is expected to submit it any time soon. We will see how it is rolled out and its impact,” said a source. Once Uttarakhand starts implementing it, other BJP ruled states could follow, the source said.

Sources said there are multiple issues that need to be looked into including the diverse marital practices in the tribal communities across the country, laws of inheritance in various communities, and certain regional practices.

“This is not Article 370 or triple talaq, where bills could be hurried… UCC is a complex issue concerning various sections of the society across castes and communities. It will require far wider consultation and much deeper research. Given the size of the country and its diversity, it will not be easy to complete that process so soon,” a government source said.

A BJP functionary said, unlike the Indian Penal Code, the UCC can’t be codified. “Also, among tribes, cultural practices vary from region to region. An Uttarakhand or Himachal tribal has a very different set of practices compared to a Chhattisgarh tribal. Then in the North East it is totally different. It is good that a debate has begun in the country. It will throw up new ideas to have a common civil law. There can be general agreement on women’s rights though,” the functionary said.

The Law Commission of India has already begun consultation on UCC. It had issued a public notice on June 14 to solicit views and ideas of the public on the UCC, and its extended deadline to submit suggestions ended July 28. It also plans to have consultations across cities.

There has been a note of caution from the Sangh Parivar as well. Earlier this month, RSS-affiliate Vanvasi Kalyan Ashram, which works among the tribals, welcomed suggestions that tribals be kept out of the purview of the law. It also urged tribal communities to express their reservations and apprehensions, if any, to the Law Commission, and not be influenced by social media discourse.

The outfit was reacting to a suggestion by BJP leader Sushil Kumar Modi that tribals, including those of the North East, be kept out of UCC in view of Article 371 and scheduled areas. He had made the suggestion during a recent meeting of the parliamentary panel on law.

TOP FUNCTIONARIES in the government, the party and the Sangh Parivar are coming around to the view that the UCC throws up complex and sensitive issues for several indigenous communities in different geographies in the country. These need to be understood well, and also call for tactful and careful handling. A deadline with elections in sight may not be wise.

BJP MP Sunil Kumar Singh Proposes Private Member Bill Advocating UCC

As a private member bill, its passage will require thoughtful consideration and deliberation by the Parliament.

Politics News

BJP Member of Parliament Sunil Kumar Singh on Friday has put forward a significant private member bill in the Parliament advocating the implementation of a Uniform Civil Code (UCC) across India. The proposal comes in light of Article 44 of the Constitution, which urges the State to work towards ensuring a Uniform Civil Code for all citizens throughout the country. The bill is rooted in the principles of Fundamental Rights, including the right to equality before the law and the prohibition of discrimination based on religion, caste, and gender. It also highlights the need to protect the rights to life and privacy, particularly concerning women, whose rights have been consistently violated. The bill emphasizes the importance of maintaining tribal communities' traditional beliefs and customs, as guaranteed and safeguarded by the Constitution.

In a significant development, BJP Member of Parliament, Sunil Kumar Singh, has introduced a private member bill in the Parliament, seeking to promote a Uniform Civil Code (UCC) across India. The proposed legislation aims to address the disparities in personal laws and create a uniform legal framework that ensures equality, while also preserving the traditional beliefs and customs of tribal communities, as enshrined in the Constitution.