The Law Commission’s notification and Prime Minister Mr. Modi’s strong advocacy for Uniform Civil Code has revived the debate in and among the anti- nationals and off the ideologies again. As such UCC has been part of BJP’s elections Manifestos since the very beginning of the BJP based positive political atmosphere for the betterment of the equality and harmony in the society in 1990’s. In 1996, firstly BJP once incorporated this into their manifesto under the section NariShakti and it is in concrete and authentic shape in draft as well as in action. Since then the laws of divorce, alimony, inheritance rights and custody of children have been clearly delineated; because it all has automatically been addressed by the UCC. The major reaction so far is that it has been from a section of the so called Minorities Personal Law Board and other baseless related organisations are opposing it. This time around the Uniform Civil Code, manipulated and projected opposition proposals are coming from Adivasis groups, Sikh groups and others, but they are not the actual opposition.
An adivasi group functionary said that UCC would not infringe upon our customary laws of marriage, divorce, inheritance, transfer of land and others; but it provides us equality diversity in and outside the society across the country for better understanding to each other. It also provides us dignity, harmony and acceptance to others and vise- versa. There are so many groups that have the same type of opinion. They further said that ‘We will not register our protest against it to the law commission, until there are some politically negative enthusiasts who are pursuing us to do so. In Spite of that we are not thinking about it negatively and most Adivasis are with the Common Civil Code. We are conveying meetings to plan and chalk out our strategies for further help and support to UCC.
As many of the political groups of North- East Bharat and rest of the countries are thoroughly supporting the UCC. It is condemning the opposition for making wrong messages to the countrymen that there are any differences among the NDA alliances regarding Uniform Civil Code. To cap it all, Sushil Modi from Bhartiya Janta Party, Chairman of Standing Committee of Law, has questioned the feasibility of UCC in tribal areas, including those in North East, but he has clarified all the related questions many times to the media as well as by his own expressions. In this case there are some notorious politicians are baselessly stimulating some minor political groups against UCC; likely to this Shiromani Akali Dal has expressed their opposition to the Uniform Civil Code (UCC) and Akali leader Gurjeet Singh Talwandi has called upon Shiromani Gurdwara Parbandhak Committee (SGPC) not to dismiss the UCC as such but to initiate a dialogue with the law commission. As it is expected and so, Progressive Minority groups like ‘Indian Muslims for Secular Democracy’, have called for religion neutral personal Laws. But it all is rare and propagated by mischievous people. It is looking that mostly there are no hurdles regarding Uniform Civil Code looking so far.
Mischievous politicians are arguing that the personal laws, family laws are the same like Civil and criminal laws which are uniform all over. But they do not know that personal and family matters are so Civil than to differentiate. The personal laws were wrongly formulated by the British in consultation with the clerical elements of those religions. Among Hindus, there was continuous uniformity in many texts and Granthas like- Manusmriti, Mitakshara and Dayabhag streams of laws. The First Prime Minister, Jawaharlal Nehru, concerned about the inherent gender injustice within the personal laws called upon Ambedkar to begin with reforming the code for Hindus; meaning thereby Jawaharlal Nehru was not aware about Hindu’s way of life regarding harmony and uniformity within it. Muslim personal law was not taken up for reform immediately after partition; as in the shadow of the partition riots. It was also the prejudiceness and appeasement of the First Prime Minister and since then there is appeasement policy and politics started by the Congress to sense the otherness among the citizens. Government did not want to appear to thrust its will on the minority community at that time and it continues till date. Later, some rare codification of Muslim laws was undertaken, and a reform in the Muslim law of declaring instant triple talaq as unconstitutional was also done, only to show that Congress was working on justice regarding uniformity. It is true that the criminal provision was introduced to polarise the people and make the Muslims appear like law-breakers. The case was highlighted at that time and Congress forgave that action on the latter stage.
Nehru, in all his clever fairness and longing for equality saw that Hindu personal laws are riddled with total subjugation of gender. The then opposition was not in hand to hand power and strength to stop the Governments working under pressure from Jawaharlal Nehru. The Just Hindus, well backed up by the Hindu nationalist forces, called and opposed those actions many times. The action pressure and cleverness of Nehru’s then Law minister has pained his responses and resigned from the Cabinet. The opposition to Hindu Code Bill in its original form was articulated by ‘Kalyan’ Magazine of Gita press, Gorakhpur; because the genuines (where there was no discrimination across the way of life in Hindus) should not be prejudiced to change for the cheerfulness of the separatists. That Gita Press has been awarded Gandhi Peace Prize by the present dispensation, is most welcome and any countrymen must be thankful and acknowledged to the present premier. ‘Until now, the Hindu public was taking his words seriously, but now it is confirmed that the Hindu Code Bill, introduced by the then Government, is the most important part of his conspiracy to destroy Hindu dharma. It would be a matter of great humiliation, shame for the Hindus and a blot on Hindu dharma if a man like him remains their minister (in and around the pressure of Jawahar Lal Nehru).’ expressed by Kalyan. I think it is quite late to appreciate the Kalyan and Geeta Press. Now it is time to appreciate Geeta Press for ‘Bharat Ratna’ as an Institution as earliest.
The demand for Uniform Civil Code did come from the upcoming women’s movement, which came forth strongly particularly after Mathura rape case in early seventies. The presumption was uniformity will bring justice. Guru Golwalkar ji, the second Sarsanghchalak of RSS, in an interview given to K.R. Malakani of Organiser, New Delhi had opposed the idea of UCC due to diversity of the country (23 August 1972) in reference to total behaviour of the Nehru Government and the effect generated by his successors those days. Because Guru ji feels those days if UCC came to exist for inhuman separators and Jinnah followers, then that will be samely imposed on human Indianness. So, as such the argument offered that UCC will strengthen National unity holds the harmony. Some are arguing on the ground of other countries as show that in America with fifty states, which have diverse laws! Most of the women’s groups also gradually started talking about Gender Justice rather than UCC to think. But one should understand easily that by both the way conceptually and practically, there is no difference between UCC and Gender Justice on the one hand and the situation and circumstances are not same to one another country on the other hand. The UCC is cohesive and diverse all the way, so it must be appreciated in every way of understanding.
Those who are trying to oppose UCC have some baseless questions. What is needed is to work for reform within the communities and strive for gender justice? This has no question. In the name of Gender Justice, questions are making anarchy in the society, because it is not the matter of communities. For the country everyone is a citizen and everyone should be treated uniformly. If a community performs their norms and regulations within and has no negative impact as a whole in the society, country and Nation; then there is no problem that stands over and no one will bother about that. In many ways that should not be questioned and should not be the subject matter of Uniform Civil Code. Those who are saying that, ‘It is true that the so-called spokespersons of diverse communities may not be reflecting the opinion of the community as a whole and in particular, the opinion of the manipulated and propagated women of the communities’ are abnormal and have no reliability and responsibility towards society, country and nation.
It is a clear and very fact that the Government and related organisations are claiming to empower women through UCC, are so true. During nine years of its rule it could very well have initiated the process within different communities for such reforms for the sake of betterment of the Society and Country. Those who are talking about the present incumbent of UCC negatively on the imaginary ground, are so poor in their ideologies. To cap it all, the rising insecurity among minorities leads to the increasing communitarian power of the conservative elements is the need of hours. BJP has the goal to polarise the communities along religious lines, so this is not the only thing of present talk of bringing in UCC; but it is also the alarming needs of Society and country as well. In this connection the Government has made a sincere effort to take to community reform and to ensure that gender justice is kept at the centre of the whole debate automatically. Surely BJP, which can give Gandhi Prize to organisations like Gita Press, is not only interested in empowering the women, but more than that of the betterment of the whole society. It is meaningless to think that so called minority fundamentalist organisations will cry hoarse to oppose the UCC, and it will help polarise the communities in the forthcoming elections to benefit BJP electorally, it is natural and automatically it is in the better interest of the society and country as well as Nation. So, it is being concluded that those who are against the UCC, they are opposing the harmony, uniformity, solidarity and equality in the society and the country.
Kaustubh Narayan Misra
Professor & Columnist
@ # / kaustubhnmi
