PM Modi, reignites the debate on the Uniform Civil Code calling for a law that would apply equally to all citizens, regardless of religion

The BJP-led NDA government, under Prime Minister Narendra Modi, did not implement the Uniform Civil Code (UCC) during its previous tenure. The UCC is a proposed law that would apply uniformly to all religious communities on personal matters like marriage, divorce, inheritance, and adoption.

After major ideological milestones such as the abolition of Article 370 and the construction of the Ram Temple in Ayodhya, the UCC became viewed as the final step in the BJP and the Sangh's agenda leading up to the 2024 general elections.

On Independence Day, from the Red Fort, PM Modi emphasized the need for a secular civil code, arguing that laws dividing the country along religious lines should be abolished. He called the current legal framework a “communal civil code” and highlighted the importance of transitioning to a more inclusive and secular version that aligns with modern societal values.

Addressing the nation, he called on the citizens of India to engage in debate, insisting that communal and discriminatory laws have no place in the country.

From the outset, party and government sources have indicated that the BJP aimed to keep the UCC in public discourse. This sentiment was echoed during a Bhopal rally on June 23, 2023, where PM Modi suggested that the implementation of the UCC might be on the horizon. Top officials, however, emphasized that the law would require extensive research and consultation.

The Sangh Parivar believes that states can take the initiative to implement the UCC. Several BJP-ruled states, including Uttarakhand, Madhya Pradesh, and Gujarat, have begun exploring this. Assam’s Chief Minister, Himanta Biswa Sarma, confirmed plans to introduce laws targeting child marriage and polygamy. He added that Assam would adopt and modify the Uttarakhand model according to local needs.

The political landscape surrounding the UCC has been contentious, and it has already been implemented in Uttarakhand as of March this year, likely influencing subsequent elections.

Nevertheless, BJP sources acknowledge the complexities surrounding the UCC. Tribal marital practices, diverse inheritance laws, and regional variations are significant hurdles. Modi reiterated from the Red Fort that the Supreme Court has repeatedly discussed the need for a UCC, which many believe would address the communal nature of the current civil code.

According to government sources, however, the UCC presents far greater challenges than issues like Article 370 or triple talaq, as it affects various social and cultural groups across India. The process of drafting the UCC would require far-reaching consultations and deep research.

One BJP functionary noted that codifying the UCC, unlike the Indian Penal Code, would be difficult due to the cultural diversity among tribal groups across regions. The UCC debate is viewed as a positive step toward creating a more uniform legal system, especially concerning women's rights.

The Sangh Parivar, too, has expressed concerns, with the RSS-affiliated Vanvasi Kalyan Ashram advocating for the exclusion of tribal groups from the UCC. Meanwhile, the BJP has encouraged these communities to submit their concerns to the Law Commission, urging them not to be swayed by social media debates.

The essence of the UCC, as explained by PM Modi, is to have a single law applicable to all citizens of India, regardless of religion, caste, or gender, in matters such as marriage, divorce, and inheritance. This is outlined in Article 44 of the Directive Principles of State Policy in the Constitution, which tasks the government with the responsibility of implementing such a code.

(The writer is a senior journalist; views are personal)