Indian communities are worried about the introduction of a uniform civil code (UCC), fearing it may undermine their traditions and religious customs. Furthermore, many believe it will allow the BJP government to target them and diminish their unique identities.
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Before introducing a uniform civil code, the government must first amend Personal Laws which violate fundamental equality principles.
A Constitutional Dream or a Social Nightmare?
Since 1985 Supreme Court ruling in Shah Bano Begum case, India's political discourse has been consumed with discussion of a Uniform Civil Code (UCC). The purpose is to bring in one national law that regulates matters such as marriage, divorce, property rights and inheritance regardless of religious affiliations. Some have seen UCC as essential tool for gender equality while protecting religious freedom for minorities while critics warn such legislation could threaten India's pluralistic culture and cultural identities across communities.
While the BJP has declared UCC to be one of its core policies, legal experts and political analysts agree it's unlikely this law will be implemented before elections take place in 2014. Due to its sensitive nature, consultation will need to occur extensively for such legislation to pass in parliament.
Furthermore, the Law Commission's process for creating the UCC has come under considerable criticism both from government officials and from members of the public. Drafters will need to collaborate between state, Centre and various religious bodies when writing it; drafters also must address concerns from different communities while protecting religious traditions while guaranteeing women's rights are safeguarded.
As such, the UCC will likely encounter considerable resistance from religious groups and political parties with vested interests. Furthermore, the BJP's aggressive push to promote this bill may backfire and create further division within our nation.
BJP lawmakers have made UCC discussions more heated by framing them around what they see as regressive Muslim personal laws like triple talaq - criminalised by the government in 2019 - as their focus for debate. As political scientists point out, this can create an impression that only by creating one common civil code will gender equality be reached. But such rhetoric threatens India's unique approach to secularism which permits different communities to follow their own practices while still having rights and freedoms guaranteed to them.
The Shah Bano Case (1985)
India is home to an immense cultural and religious diversity that gives rise to various personal laws that vary according to religions, sects, castes and states. These include marriage, divorce, inheritance and adoption regulations enacted by individual communities and enforced by the state; unlike public laws which are enforced centrally. Sometimes private laws discriminate against women by restricting their freedom. Many women have campaigned for reform but have encountered resistance from patriarchal communities who claim such changes will undermine tradition.
In 1985, the Supreme Court issued its ruling in the Shah Bano case to hold that no woman could be forced against her will to live with her husband. This caused an immediate outrage which prompted the government of the day to overturn it; however, when the BJP announced plans for a uniform civil code this issue resurfaced again.
Critics contend that the BJP is only using the UCC as a political tool to divide voters prior to elections, disrupting centuries-old Islamic practices while targeting minorities with its message.
While a Uniform Civil Code would help integrate India, it will not solve all its issues, particularly regarding Muslim women. Therefore, its implementation must take place gradually with an oversight committee being created to assess its effects over time.
The debate surrounding the UCC is an open wound that will remain open as political pressures change, yet currently, its contentious issues (such as beef, saffronization and love jihad ) has raised fears that its demands are simply meant to serve as a dog whistle for minority groups to distract them from BJP policies which are more regressive.
Debate around freedom of religion, belief and practice among individuals includes their right to adhere to religious scriptures; however, government officials should take caution not to open up an issue that could cause division and discontent throughout India.
The Law Commission of India
The UCC is a proposal to unify Indian laws regarding marriage, divorce, inheritance and adoption without religious discrimination by eliminating legal sectarian divides and encourage nationalistic unity through unification. Critics claim that enforced the code could limit citizen freedom to practise their faith while conflicting with local traditions; also it is believed that doing so violates Article 25 and 29 of India's constitution which guarantee autonomy of religious organizations and communities.
Government leaders claim that the UCC will foster true secularism. Supporters point to Article 44 of the Constitution which states: "The State shall strive to secure for its citizens a uniform civil code."
Religion-inspired differences such as forcing male relatives to marry women who separate or divorce are eliminated through this law, along with outdated laws being brought in line with modern times and women's rights being strengthened through abolishing alimony obligations.
However, opponents of the UCC argue that its implementation would reduce diversity within India and reduce citizens' sense of belonging among themselves. They cite religious groups' displeasure over its proposals claiming that government attempts to force Hindu culture on everyone.
Critics also contend that the government is deliberately stirring up controversy around UCC by unveiling it just ahead of elections; they believe this strategy aims to drive people apart in society in order to gain votes for their party.
Though opposed by religious groups, some experts hold the opinion that India needs a Uniform Civil Code in order to safeguard its fundamental rights of its citizens and avoid discrimination based on religion; they assert this will help avoid vote bank politics by eliminating issues like discrimination or concessions enjoyed by groups due to religious personal laws.
The BJP’s UCC Policy
Demanding a UCC has long been at the heart of BJP policymaking. It features prominently in party manifestos and is frequently raised during elections by their prime minister. According to them, such legislation would promote gender justice through equal application of personal laws across India while simultaneously strengthening national unity and integration.
Critics of a uniform civil code in India have raised concerns that its implementation might encroach upon religious liberty and attempt to form one "Indian" identity. Even those in favor of creating such a code remain wary; many point out how diverse India is, making implementation difficult due to languages, ethnicities, food habits and religion differences.
Some critics hold the view that the BJP is using this issue to divert attention away from their poor showing in state elections and divide voters before next year's general election. According to them, introducing UCC without clear guidelines or draft would only serve to alienate minorities within India and foster an atmosphere of intolerance.
Critics of India's plan also point out that a UCC would violate India's secularism, which allows different communities to follow their traditions when it comes to marriage, divorce, inheritance and property rights. Furthermore, critics contend there is no proof a UCC will improve women's rights; community-based initiatives would likely prove more successful at solving the problem than top-down measures.
As it prepares to fight the 2019 general elections, the BJP's push for a UCC is likely to escalate. Legal experts and political scientists caution that without consensus being built among minorities and majority communities alike, its move could have dire repercussions for democracy at large. Further alienating minority communities in a nation already divided over intolerance and prejudice could have serious repercussions; they warn that doing so will only make reaching their goal of creating "Hindu Rashtra" much harder for the BJP.
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