UCC: BJP ploy to gain from polarised political strife

If throwing up the Uniform Civil Code (UCC) for discussion and debate is meant to stir the political cauldron further for political gains in the run-up to the elections, Narendra Modi could as well succeed in his objective. This move was only anticipated.

Modi tried his Hindutva plank to the hilt in the just concluded Karnataka elections without any benefit. Sources within the BJP say that he is angry at the Karnataka outcome. He is said to be reviewing his party strategy to overcome similar challenges in the upcoming elections. Adept in playing political chess games, Modi-Shah duo has now retreated its blatant religious slogans to confront the rivals with a more potent UCC pawn.

AAP has fallen for the bait. Unmindful of the consequences this could have in Punjab, Arvind Kejriwal has plumped for the move supporting it. Shiromani Akali Dal has lost no time in slamming him. Of course Sharad Pawar has, as usual, sought a wider debate so as not to antagonise anyone. But Kejriwal has a real problem on hand now. He has distanced himself from the Opposition very calculatedly to keep his options open. If he were to join hands with it, he would have to sail with it in all matters. But, he is wary of the Hindu vote that he could lose in the process. He is no more sure of the minority vote now with the emergence of the Congress from the shadows and hence nodding his agreement to the UCC.

These are all political priorities anyway. Does the country really need the UCC now? This is once again a legacy of the British rule. The debate has been on for decades. Even the Constituent Assembly discussed it in great depth before Dr Ambedkar put a hold on it. The Assembly left it to the future generations to decide. The proposal and direction for the UCC is placed in the Constitution of India in its directive principles.

As the civil code matters are placed in the concurrent list of the Constitution, state legislatures also have the power to make UCC legislation. Goa already has a Uniform Civil Code. It must be noted that the provision was included only in the legally non-enforceable Directive Principles of State Policy. But, this remained a controversial one. The problem lies in the perception of the issue itself.

The UCC is all about a secular issue of gender equality and rights of all citizens and equal protection of laws. We have a uniform and complete criminal code operating throughout the country, which is contained in the Penal Code and the Criminal Procedure Code. We have the law of transfer of property, which deals with property relations and which is operative throughout the country. Then there are the Negotiable Instruments Acts; and innumerable enactments which prove that this country has practically a civil code applicable to the whole of the country. It’s clear that this is not about the national interest. Coming weeks and months will see the country embroiled in this debate. The BJP will await its impact on the electoral outcomes. For the general elections, Lord Shri Ram will always be there.