More parties, groups speak out against any UCC move
Union government’s recent push for a uniform civil code for all communities faced opposition from several quarters on Wednesday.
From the All India Muslim Personal Law Board (AIMPLB) to tribal organisations, and from prospective Bharatiya Janata Party (BJP) allies such as the Shiromani Akali Dal (SAD) to current partners All India Anna Dravida Munnetra Kazhagam (AIADMK), opposition to the Union government’s recent push for a uniform civil code (UCC) came from several quarters on Wednesday even as the BJP defended the need for a common set of laws across communities.
The All India Anna Dravida Munnetra Kazhagam (AIADMK) said its views from its 2019 election manifesto -- where it opposed UCC -- remained unchanged.
“Please read our 2019 election manifesto in which we have expressed our views on the issue very clearly,” AIADMK’s general secretary and former chief minister Edappadi Palaniswami said after a party meeting in Chennai.
The AIADMK and the BJP joined hands ahead of the 2019 Lok Sabha elections but the Dravidian party’s manifesto urged the Centre to not bring any amendments to the Constitution for UCC. The AIADMK believes that such a move will adversely affect the religious rights of minorities.
In the manifesto, under the topic ‘Secularism’, the party had said in 2019: “The AIADMK will urge the Government of India to not bring any amendments to the Constitution for a Uniform Civil Code that will adversely affect the religious rights of minorities in India.”
The development came a day after another BJP ally, the Mizo National Front (MNF), wrote to the Law Commission, which is examining the issue, saying that UCC was against the interests of ethnic minorities.
In a letter, Mizoram chief minister Zoramthanga said that his party believes UCC is in conflict with the religious and social practices of the Mizos and their customary laws that are protected by the Art 371(G) of the Constitution. The MNF is a constituent of the BJP-led North East Democratic Alliance (NEDA), the regional version of the National Democratic Alliance. Earlier this month, another BJP ally and Meghalaya chief minister Conrad K Sangma -- who heads the National People’s Party -- asserted that UCC “in its present form” was against the idea of India.
The SAD, which is expected to return to the NDA soon, also opposed UCC, saying Sikhs will not accept it. The Shiromani Gurdwara Prabandak Committee (SGPC), which helps manage the Sikh places of worship, also opposed UCC.
In a letter to Law Commission, SAD’s Delh unit chief Paramjit Singh Sarna demanded protection of religious rights, customs and identity while formulating any legislation on UCC.
“The provisions of Anand Marriage Act (which governs Sikh marriages) should be protected in UCC. It is crucial that the provisions of this act are preserved and not diluted or erased by any UCC. The recognition and protection of the Anand Marriage Act are fundamental to upholding the religious rights and practices of the Sikh community,” Sarna said in his letter.
UCC refers to a common set of laws that will subsume customary laws across faiths and tribes and govern issues such as marriage, divorce, inheritance and maintenance. In the Constitution, it is a part of the non-justiciable directive principles of state policy. In a 2018 consultation paper, the Law Commission said UCC was “neither necessary nor desirable at this stage”. Earlier this month, the Law Commission again sought views and suggestions on UCC from the public and recognised religious organisations. Moreover, some states such as Uttarakhand have set up panels to explore implementation of UCC.
The issue got a fresh fillip on June 27, when Prime Minister Narendra Modi spoke to BJP booth workers and made a strong case for UCC. “These days, people are being provoked by the UCC. You tell me, if there is one law for one person in a home, and another law for another person, can that house function?” Modi asked. As the crowd roared in denial, Modi said, “Then how can a country work with such a hypocritical system? We have to remember that even the Constitution of India talks of common rights.”
Opposition also came from community groups.
AIMPLB said it will oppose UCC legally and politically.
“National integrity, safety and security and fraternity are best preserved and maintained if we maintain the diversity of our country by permitting minorities and tribal communities to be governed by their own personal laws,” the statement issued by the office secretary of the Board, Mohammad Waquaruddin, said.
The Kerala-based Indian Union Muslim League (IUML) and the All India Majlis-e-Ittehadul Muslimeen also opposed UCC, saying it was aimed at polarising voters before 2024 Lok Sabha elections. “We will fight it legally and politically as we will need the support of all parties. There should never be any kind of religious polarisation in society,” Syed Sadiq Ali Shihab Thangal, state president of IUML, said.
Several tribal organisations under the banner of Adivasi Samanwai Samiti staged a protest outside Raj Bhavan in Ranchi to oppose UCC, terming it a threat to tribal existence.
“UCC is being protested by all the tribals in the country, as it’s a threat to tribal existence. UCC will dilute the tribal customary laws and rights that have been provided to us by the Indian constitution,” Samiti member and former Jharkhand minister Geetashree Oraon said.
She said that tribal customary laws were given protection even during the British period. “We gathered here today to raise our voice to protect our constitutional rights,” Oraon said. The Samiti has submitted a memorandum to the state governor urging him to request the Centre not to move forward with UCC.
Tribal bodies in Chhattisgarh and the Northeast have also opposed UCC. The Mizoram Kohhran Hruaitute Committee, a conglomerate of church bodies, wrote to the Law Commission, opposing UCC . The Nagaland Tribal Council also wrote to the Law Commission, saying UCC, if implemented, will dilute the provisions of Article 371A of the Constitution.
The PM’s strong comments and the snowballing political controversy indicate that UCC is likely to emerge as a major political fault line ahead of the 2024 elections. The issue has been a part of the core agenda of the BJP, and its ideological fount, the RSS, for decades and Modi’s remarks show that the party is thinking about prioritising it as a poll plank.