With a week left for the Karnataka elections, the ruling Bharatiya Janata Party (BJP) promised to implement the Uniform Civil Code (UCC) in the state, in its election manifesto released on Monday. Of its top promises, the party has said that they will implement the Uniform Civil Code (UCC) based on the recommendations given by a high-level committee which is to be constituted for the purpose and the introduction of the National Register of Citizens in the state to ensure the speedy deportation of illegal immigrants.
"We will implement the UCC in Karnataka based on the recommendations given by a high-level committee which is to be constituted for the purpose," according to the manifesto.
"The Constitution (of India) allows us to move in the direction of Uniform Civil Code. 'Justice to all; appeasement to none' is our policy", BJP National Present J P Nadda, who was among those present at the release programme, said.
Earlier, in November 2022, Chief Minister Basavraj Bommai mentioned that Karnataka was contemplating implementing the UCC. With Bommai's statement, Karnataka became the fourth state where the BJP)-led government has spoken of implementing the UCC in recent months. The other states are Uttarakhand, Assam, and Gujarat.
Traditionally, the implementation of the UCC has been among the major planks of the BJP along with the construction of the Ram Mandir in Ayodhya and the abrogation of Article 370 of the Constitution of India related to Jammu and Kashmir.
Here we explain what's Uniform Civil Code, why it's advocated, and what's the stand of different parties on the subject.
What's Uniform Civil Code?
Uniform Civil Code (UCC) means that all people irrespective of the region or religion they belong to will be under one set of civil laws.
The UCC is mostly talked about in the context of personal laws governing marriage, divorce, succession, etc, as different religions have different personal laws at the moment.
The UCC finds mention 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 of legislatures.
"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 in the years since the Constitution came into being.
"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.
The idea behind Uniform Civil Code
Currently, different laws apply to different religious communities in personal affairs.
One key idea behind the UCC is to bring all communities at par with each other as provisions in some personal laws are perceived to be unequal.
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 divorced wives were also limited. This was unlike Hindu personal laws where divorce cannot be given orally and women have broader alimony rights.
Therefore, there is a gender equality and gender justice dimension to the call of the Uniform Civil Code. However, critics say that the UCC would be undue interference in the affairs of religious minorities, such as Muslims.
"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 Supreme Court too has expressed the need for Uniform Civil Code, most notably in the landmark 1985 Shah Bano judgement.
In the judgement, the Supreme Court ruled that a Muslim woman is also eligible for maintenance after being divorced. Under Muslim law till then, the divorced woman was only eligible for maintenance for the period of iddat, which is generally three months. The Supreme Court ruled that Section 123 of the Code of Criminal Procedure (CrPC), under which a man is obligated to provide for his wife after divorce if she can't support herself, also applies to Muslim women.
"A common civil code will help the cause of national integration by removing disparate loyalties to the law which have contracting ideologies," said the Supreme Court in the verdict.
Though the verdict was later overturned by the then-Union government, it's often cited in building a case for Uniform Civil Code.
Where do different parties stand on UCC?
The BJP supports the Uniform Civil Code. Most other parties are either against it or don't have a clear stance.
The UCC faces opposition from some religious minority groups and tribal rights groups, which say that their unique customs will be eroded by the UCC. It is highlighted that India is a very diverse country with not just different religious groups but several tribal groups as well. These tribal communities, from Central India to Northeast India, have unique customs and it's feared that those customs would not be accommodated when 'uniformity' is prioritised under UCC.
The Congress party has not given a clear stance on the question of UCC but has questioned how the BJP plans to bring it.
Congress leader Abhishek Manu Singhvi has said UCC should not result in legislative imposition, appearing to show the fears expressed by minority and tribal groups. Salman Khurshid 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.
"They should tell what is Uniform Civil Code. In the Constitution, there is a mention of UCC that there will be an attempt to apply a uniform civil code but a clear definition is never clear and what will be the impact? The government never said it will implement the Hindu code when it talks about UCC. The better practice of any religion is applied whether it is Islam, Christianity or other religion. They should tell what is the definition of UCC then only we can react," said Khurshid to ANI in April.
Aam Aadmi Party (AAP) convenor and Delhi Chief Minister Arvind Kejriwal has criticised the BJP for "bluffing" on the subject of UCC and has said that it should be brought, according to CNN-News18.
It reported, "Kejriwal stated at a press conference in Bhavnagar that a Uniform Civil Code should be created because Article 44 of the Constitution clearly states that it is the responsibility of the government to do so, but that it should be done with the consent and consultation of all communities."
Mamata Banerjee-led Trinamool Congress (TMC) has also opposed the UCC. It also opposed the abolition of the triple talaq practice.
When Nitish Kumar was a BJP ally, his party also appeared to be opposed to UCC, with a key aide of Nitish saying there was no need for it.
"Our leader Nitish Kumar has always maintained that there should be peace, mutual respect and harmony in the society. We have been successful in ensuring that. So there seems to be no need why we should have a uniform civil code here," said JD(U) leader Ashok Choudhary, as per PTI.
Sikh groups and parties have also not echoed BJP's stance on UCC.
"Every religion is different and Sikhism has its own identity, traditions and culture. We cannot allow tampering of our customs. After a long struggle, the Anand Marriage Act was passed in 2012 and then took time to get it implemented," said Shiromani Gurdwara Parbhandak Committee (SGPC) President Gobind Singh Longowal in 2019, as per The New Indian Express.
