Explained: What Is Uniform Civil Code's Politics, How Has The Opposition Responded To BJP's Pitch For UCC?

The Opposition has been quick to respond to the Bharatiya Janata Party's (BJP) pitch for a uniform civil code (UCC). 

While the Opposition in general has come out against UCC, there have been voices in support of UCC as well and there are some undecided parties too.

The principal Opposition party Congress has mocked UCC "dividing civil code" or "DCC" in Uttarakhand — the BJP-ruled state that has moved ahead on the path of UCC most proactively. On the other end of the spectrum is Aam Aadmi Party (AAP), which runs Punjab and Delhi, and has given "in-principle" support to AAP.

Elements within Congress too have given different opinions with some leaders not that critical and some even supporting UCC. Such a range of opinions within Congress were earlier also seen on Article 370 and Jammu and Kashmir's special status. 

The UCC is one of the three ideological planks of the BJP. In the run-up to 2024 general elections, the BJP's pitch for UCC and the Opposition's stand is expeced to generate traction.

Here we explain what's UCC and how different Opposition parties have reacted to it.

What is uniform civil code (UCC)?

Simply speaking, the uniform civil code (UCC) refers to the set set of civil laws governing all people across regions and communities. 

As of now, personal affairs such as marriage, divorce, and succession is governed by religion-specific personal laws.

The UCC is mentioned in Article 44 of Part IV, Constitution of India. The part contains Directive Principles of State Policy (DPSPs). These provisions are not enforceable but are meant to serve as the guiding principles for lawmakers.

"The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India," says Article 44.

While DPSPs are not enforceable, several provisions listed under DPSPs have been made into laws over the decades.

"Since 1950, the successive governments at the Centre and in the states have made several laws and formulated various programmes for implementing the Directive Principles of State Policies," notes M Laxmikanth in his book Indian Polity, and lists some examples like the establishment of Planning Commission, laws for minimum wages and equal treatment of workers, maternity benefit laws, legal aid provisions, etc. 

One key idea behind UCC is to bring all communities under common laws as laws for some communities have been unequal compared to laws for others. For example, until the Supreme Court ruled 'triple talaq' to be unconstitutional in 2017, Muslim men could divorce their wives orally by saying 'talaq' thrice. The maintenance rights of women divorced through 'triple talaq' were also limited. This was unlike Hindu personal laws where divorce cannot be given orally and women have broader alimony rights. 

There is also therefore a gender justice dimension to UCC, according to its supporters.

"UCC finds support amongst liberals and women groups as it aspires to promote gender equality. The opponents are vociferous about the code interfering with religious practices and compromising minorities’ freedom," note Prachi Tyagi and Adrija Ghose in their paper Uniform Civil Code: One Code, One Rule.

The politics over uniform civil code (UCC)

The uniform civil code (UCC) is among the three main ideological planks of the Bharatiya Janata Party (BJP). 

The two other planks have the 'complete integration of Jammu and Kashmir' through the scrapping of its special status and the construction of Ram Mandir at Ayodhya, believed to be the birthplace of Hindu God Rama. 

Now that the Article 370 has been abrogated in J&K and Ram Mandir is under construction, the UCC remains the only unfulfilled plank of the BJP. In recent months, the UCC has found increased traction in BJP's rhetoric. The BJP-ruled states have said they would implement it in their states, such as Uttarakhand, Gujarat, Assam, and Uttar Pradesh. The BJP had also raised the issue in Karnataka assembly elections where it was ousted by Congress.

Much of the Opposition has, however, opposed UCC and has termed it a political tool of the BJP. Minority organisations have also alleged UCC to be an interferance in their religious affairs. Critics have also highlighted that India is a very diverse country and have questioned the sense of making one set of laws for all. 

How have political parties reacted to UCC?

While political parties have generally criticised the uniform civil code (UCC), there have been expressions of support as well. 

There are also parties that have not yet taken a clear stand on UCC and have given mixed signals. 

Even within Congress, multiple points of view have emerged.

Here we list the reactions of Opposition parties on UCC:

Congress

The Congress party has led the charge in the rejection of the UCC, calling it unnecessary and undesirable.

Congress leader Jairam Ramesh said that UCC was "necessary nor desirable at this stage".

Congress leader Meem Afzal dubbed UCC as "DCC" that stands for "dividing civil code".

He said, "This is not UCC, this is DCC-Dividing Civil Code. UCC is not the agenda, rather the agenda is to divide the people of the country."

However, there have been supportive and moderate voices too within Congress. Himachal Pradesh minister and Congress leader Vikramaditya Singh extended "full support" for UCC but urged against "politicisation" and questioned its timing.

Earlier, Congress leader Abhishek Manu Singhvi had said UCC should not result in legislative imposition, appearing to show the fears expressed by minority and tribal groups that it would impose Hindu laws on them in the name of uniformity. Earlier, Salman Khurshid of Congress has also sought clarity from the BJP over UCC and has said "better practice" of any religion should be included in UCC, appearing to give tacit approval to the idea of UCC.

Most of the Opposition parties have joined Congress in opposing UCC. These parties include Janata Dal-United (JD-U), Rashtriya Janata Dal (RJD), the Left, and Trinamool Congress (TMC).

Rashtriya Janata Dal (RJD)

Rajya Sabha MP Manoj Kumar Jha of RJD said that UCC was "actually neither desirable nor necessary" and added that it was being used "as an instrument for your dog-whistle politics".

"It emanates from a context. The world over, there is a journey from uniformity to diversity, whereas, in this case… you are actually trying to use this as an instrument for your dog-whistle politics, which we have been seeing in different other formats. What worries me is that the lack of understanding of diversity makes you go for all these kinds of options, which are actually neither desirable nor necessary," The Indian Express quoted Jha as saying.

Janata Dal (United)

The Janata Dal-United (JD-U) referred to previous statements on UCC, pointing out that JD (U) leader and Bihar Chief Minister Nitish Kumar in 2017 said that  "UCC must be seen as a measure of reform for people’s welfare, not as a 'political instrumentality' to be hurriedly imposed against their wishes and without consultations, according to The Express.

Nitish further said, "Where the UCC is concerned, such a dialogue, based on broad-based consultations with all religious denominations, is particularly necessary, given the multi-cultural, multi-religious nature of our society. In the same spirit of dialogue, it is essential that the UCC is first put to debate in Parliament as well as legislative Assemblies of states, and other forums of civil society."

The Left parties

CPI General Secretary D Raja said that the UCC targets one particular community and added that the Parliament should lead this exercise, not the law panel.

Raja said, "There is no consensus on this issue. Secondly, it is perceived as targeting one particular community. We accept and support gender equality, gender empowerment and rights of women, but not how it is to be done. Moreover, why is the Law Commission doing this exercise… Parliament is there. Parliament is supreme in our democracy. Whatever has to be discussed, should be discussed there."

The CPIM has opposed UCC from the last round of consultations in 2017, calling it politically motivated.

Aam Aadmi Party (AAP)

The Aam Aadmi Party (AAP) has come out as the main Opposition party that has supported UCC. The party gave "in-principle" support to UCC.

The AAP said that consultations should be held with all the stakeholders on the issue of UCC.

AAP National General Secretary (Organisation) Sandeep Pathak told PTI, "The AAP supports UCC in principle. Article 44 (of the Constitution) also supports it. We believe that on such issues we should go ahead with consensus. We believe that this (UCC) should be implemented only after there is a consensus among all the stakeholders."

Shiv Sena (UBT)

The Uddhav Thackeray's faction of Shiv Sena has also supported UCC. 

Even though Uddhav and his supporters are now allies with Congress the faction has shed much of its Hindutva credentials, the party has come out in the support of UCC.

Senior faction leader Sanjay Raut told The Express, "Let there be a debate. We have always supported the Uniform Civil Code. If a debate is happening on it…in the country… let there be a debate…we will see what the opinion of the people is."

In 2015, when he was an ally of BJP, Uddhav too had spoken in support of UCC.

"They are speaking about laws banning beef in the country. They should first announce that this country is a Hindu Rashtra and impose uniform civil code," said Uddhav in 2015, as per The Express.