Explained | The When, What And Why of BJP's Uniform Civil Code Push

The Uniform Civil Code (UCC) Bill was tabled in the state Assembly on Tuesday by Uttarakhand Chief Minister Pushkar Singh Dhami.

A step has been taken towards fulfilling the BJP's third and final core ideological agenda, which has been central to its belief system since its Jana Sangh days.

UCC bill tabled in Assembly

The implementation of the UCC and the abrogation of Article 370 - which were immediately carried out by the party after it returned to power with a higher seat tally following the 2019 Lok Sabha polls - precedes every other agenda of the party.

These were endorsed as the party's guiding principles and core policies on October 21, 1951, when around 200 delegates assembled in the forecourt of the Arya Kanya Vidyalaya in New Delhi, where the Bharatiya Jan Sangh (BJS), the predecessor of the BJP, was born.

Once the UCC becomes a reality in Uttarakhand, two other BJP-ruled states, Gujarat and Assam, will follow suit - both the state governments are expected to introduce more or less the same Bill, as reported by Indian Express.

In Uttarakhand, the introduction of the UCC was unveiled by Dhami as a poll promise right on the eve of the February 2022 Assembly elections, stating that the "security" of the state's cultural and religious heritage, as well as its borders, were important for the country. The party returned to power with a thumping majority - 47 of 70 seats.

How is the BJP framing the UCC issue?

The argument that the UCC is not a populist measure, but rather "a modern approach to civil rights", is made by ideologues in the party. According to R Balashankar, former editor of RSS affiliate The Organiser, the UCC has been part of the BJP's core agenda since the Jana Sangh days.

It is emphasized that the UCC is not aimed at catching votes or being a populist measure, but rather at integrating the country as one nation with one law, particularly in civil matters such as inheritance, marriage, women's rights, and sharing of family property. It is described as a modern approach to civil rights.

Suggestions for a UCC have previously faced protests from various groups, including Muslims, Sikhs, other minorities, and even some Hindus, who fear interference in their customs. It is argued that a UCC violates fundamental rights guaranteed by the Constitution, including Article 25 (freedom to profess and practice one's religion) and Article 29 (right to have a distinct culture), as well as the concept of unity in diversity, according to Indian Express.

It is viewed by minority groups as a flexing of majoritarianism, with concerns that it could adversely affect minorities by undermining their ability to protect their identity, customs, and practices. However, when the first public push for the UCC was made by Prime Minister Narendra Modi last June in Bhopal, the argument was centred around "constitutional equality" and "gender justice".

It was highlighted that the move aimed to align with the Indian Constitution's principles of equal rights for citizens. The escalating discourse around the UCC is seen as appealing to the BJP's core constituency ahead of the Lok Sabha elections, particularly following the Ayodhya Ram Temple consecration and the PM's optimistic prediction of 370-plus seats for the party and 400-plus for the NDA.

Party spin masters acknowledge that the promise of expanding the UCC would "further consolidate" the party's core voter base and please its hardcore supporters.

How often has a UCC featured in BJP manifestos?

In its 1957 election manifesto, the repeal of the Hindu Marriage Act and Hindu Succession Act was promised by Jana Sangh, but the UCC was not mentioned. Similarly, it was not included in the BJS manifesto in 1962.

It was not until the 1967 Lok Sabha polls that the BJS pledged in its manifesto to introduce "a uniform law for marriage, succession and adoption for all citizens". This commitment was reiterated in 1971 but omitted in 1977 (when the Jana Sangh contested as part of the Janata Party coalition) and 1980 (after the formation of the BJP), according to Indian Express report.

The resurgence of the demand for the UCC by the BJP can be traced back to the 1985 Shah Bano case. Following the Rajiv Gandhi government's decision to nullify a Supreme Court ruling granting Shah Bano maintenance from her divorced husband, under pressure from certain Muslim groups, the BJP included the UCC in its manifesto for the 1989 elections.

Subsequently, the demand for the implementation of the UCC was repeatedly mentioned in the BJP's election manifestos, including those of 1991, 1998, 2004, and 2019.

What was the BJP view on a UCC under A B Vajpayee?

When the BJP came to power under Atal Bihari Vajpayee in 1996, a government that lasted only 13 days, all three issues of its core but contentious agenda had to be set aside after intense discussions in the party and its ideological parent RSS.

In his book 'My Country, My Life', BJP veteran L K Advani wrote that the view was held by some within the party that Vajpayee should have mentioned the three core issues in the emotional speech made just before resigning after the party failed to muster enough support in the Lok Sabha, reported Indian Express.

However, this view was not agreed upon by Advani, who felt that Vajpayee's speech had enhanced the BJP's popularity and prestige. When a BJP-led NDA government was formed after the 1998 elections, all three commitments had to be again kept out of its National Agenda of Governance (NAG) to accommodate its alliance partners.

Later, the party's decision on the NAG was justified by Advani, who said: "The BJP did not have a majority on its own, so it was natural for the constituent parties to agree to keep only consensual issues in the NAG. But where does this leave the three mentioned issues that have been part of our ideological identity? Have we acted in an opportunistic and unprincipled manner?"

Further, he added, "I set out to answer them by making two points. One, a large area of governance does not have much to do with ideology - any ideology - except the overriding principle of national interests. Indeed, good governance in most national life becomes possible only when it is de-politicised. Thus if any issue, despite inherent validity, acquires a strong ideological character -, so strong an ideological character as to make coalition governance, and hence stable governance, difficult - it is only proper to leave it out."

How has the BJP approached implementing the UCC?

Despite having a brute majority in the Lok Sabha and dominating larger, more-populated states, the BJP has been cautious in its approach to the UCC.

According to Indian Express, widespread protests over the Citizenship (Amendment) Act led the party not to take it up at the central level, opting instead for party-ruled states to move towards it.

In Madhya Pradesh, Haryana, Uttar Pradesh, and Maharashtra, state governments have also announced their intention to implement a UCC. A version of UCC has existed in BJP-ruled Goa since it was a Portuguese colony.

Why does Uttarakhand's UCC exclude tribal groups?

The proposed Uttarakhand UCC Bill - intended to establish uniform laws applicable to all communities on issues of marriage, inheritance, and divorce, among other matters - does not apply to tribal communities.

This concession for indigenous communities and their practices was called for by the RSS. The Sangh, which has been intensively working in tribal areas, had sensed vehement opposition from tribal communities against a UCC.

Tribal-dominated Mizoram and Nagaland have already passed unanimous resolutions in their Assemblies against any move to implement a UCC.

At a time when the BJP is striving to maintain its tribal votes, crucial for the party in several Hindi heartland states and Gujarat, it does not want to upset the community, as per Indian Express reports.