Dear reader,
One of the most ironic things about our times is that some of the most regressive or anti-people ideas are often disguised as well-meaning and well-timed phrases. Examples include “reforms”, “austerity” (such a Gandhian term!), “deregulation”. While these terms sound positive at first, history shows how they can be used to twist economies, lives, and the social fabric in negative ways.
The Uniform Civil Code (UCC) is the latest entrant to this group. On the surface, the UCC sounds like a clarion call for equality and unity. But there are obvious pointers to show that the BJP, a staunch advocate, is not motivated by these goals. The party is likely using the UCC as a way to control and harass minority groups and further its idea of a Hindu Rashtra.
The origins of the UCC can be traced back to the British colonial era in India. In 1835, the British government emphasised the need for uniformity in the codification of Indian law, particularly with regard to crimes, evidence, and contracts. However, the report specifically recommended that personal laws of Hindus and Muslims be kept outside of such codification. This was for good reason: India is a plural country with a rich diversity of religious traditions among its communities and tribes, traditions which are reflected in the personal laws that govern matters such as marriage, divorce, and inheritance.
In the early 20th century, leaders such as B.N. Rau and Jawaharlal Nehru revived the idea of a UCC. They argued that a UCC would help promote national unity and equality. However, they also felt that any UCC should be voluntary, and implemented without hurting minority rights . Today, however, the haste with which the BJP is reviving the discourse around the UCC just months before the general elections of 2024 is disquieting. It negates the positives of such a code and becomes intimidatory and divisive in intent.
While we need to find ways to ensure that personal laws across religions protect the rights of women and children, it must come from reforms, discussions and, preferably, from within the communities rather than as a top-down measure. Is a hasty civil code the way forward? As Aman Lekhi, former Additional Solicitor General of India, argues in this important essay, the UCC represents a clash of moral universalism and cultural pluralism, and India can ill afford to have this added irritation in a nation already rift with divisions . Lekhi’s article opens a lineup of essays on the topic, both for and against, that we’ve put together in our latest edition. Enjoy the read.
Wishing you an exciting week ahead,
Team Frontline
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