By Arun Srivastava
Narendra Modi is not known for speaking rationally. This time he has faulted in the matter of raking up Uniform Civil Code. While justifying his stand, he said that the country cannot have two laws: one for Hindu and a second one for the ‘other’. By ‘other’, he obviously hinted at Muslims. But in his ebullience to target Muslims, he forgot that Christians, Sikhs, Parsis and other communities too have their own family laws. The most important demographic he patently ignored is of the Adivasis. It would have been correct if he had said that India couldn’t have a dozen personal laws.
Modi digging out the relevance of UCC from its grave is indeed quite intriguing in the current context. This outpouring of Modi, coming just a day after his return from America, is certainly not aimed at strengthening his bond with the Hindus. Instead, it is a ploy to please the RSS leadership, which only recently dropped the unambiguous hint that a new leader may lead the BJP to the Lok Sabha elections. This has certainly been a bad omen for Modi.
His reiteration is more like pleading “give me one more chance”. There has been a growing feeling in the RSS leadership that Modi has been more interested in projecting his image as the only leader who represents the Hindu aspiration. It is worth recalling that a couple of years back the RSS general secretary Dattatreya Hosabole had pulled up Modi for his poor administrative performance.
By raising the issue of UCC, Modi tried to convince the RSS leadership of his commitment to its policy and philosophy. Incidentally, the Modi government has succeeded in giving shape to two major agenda of RSS: construction of Ram Temple and abrogation of Article 370. UCC has been the third major agenda of RSS, still waiting the time to be implemented.
RSS is more desperate than BJP, especially Modi, to win the 2024 Lok Sabha election, as a loss would wipe it out of the political scenario of the country, and it would forfeit the gains accrued during nine years of the Modi government. Its worry got reflected in the editorial of Organiser, where in it lambasted Modi. Interests of the RSS and Modi are intertwined.
Justifying his move to implement UCC, Modi had said on Tuesday: “Aaj kal hum dekh rahe hain ki uniform civil code ke naam par Musalmano ko bhadkane ka kaam ho raha hai. Aap mujhe bataiye, ek ghar mein parivar ke ek sadasya ke liye ek kanoon ho, doosre sadasya ke liye doosra kanoon ho, toh kya wo ghar chal payega kua? Kabhi bhi chal payega kya? Fir aisi dohri vyawastha se desh kaise chal payega?” (We see today that attempts are being made to instigate Muslims in the name of the uniform civil code. You tell me, if there is one law for one member of the family and another law for another member, will that family be able to run? Will that be possible? Then how can the country run with two rules?)
A significant aspect that ought to be borne in mind is Modi raised this issue just ahead of Bakri Eid. The motivation behind this sly move was to compel the Muslims to speak against Modi’s latest salvo during the celebrations. It would help him use their outburst to further polarise the Hindus.
Ironically, the 21st Law Commission appointed by the Modi government had said in 2018: “While diversity of Indian culture can and should be celebrated, specific groups, or weaker sections of society must not be dis-privileged in the process. Resolution of this conflict does not mean abolition of all differences. This Commission has therefore dealt with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage. Most countries are now moving towards recognition of difference and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy.”
Modi, to give shape to the RSS plan, entrusted the 22nd Law Commission with the responsibility to prepare the grounds for implementation of the Uniform Civil Code. Armed with this directive from Modi government, the 22nd Law Commission on June 14, issued a fresh notification to elicit views from various stakeholders – including public and religious organisations – on the matter. As a natural corollary, the new Commissioner should have followed the observation of the earlier Commission as no worthwhile structural changes had taken place in the Indian society and its functioning. The latest panel does refer to the consultation paper published by the previous commission in August 2018, but does not explain the reason for carrying out another round of consultations.
RSS and Modi have been distorting this fact going against the spirit of the Constitution. They are out to destroy the pluralist character of the country. A country like India having diverse culture and social tenet does not necessarily need to have “uniformity” and that “efforts have to be made to reconcile our diversity with universal and indisputable arguments on human rights”. This RSS concept of uniformity is discriminatory to a robust democracy.
By implementing UCC, RSS and Modi government desire to fracture and destroy the basic diverse character of India, which is described to be a ‘bouquet of different flowers’. The UCC is one of the ideological standpoints of the RSS, arguing that different property and matrimonial laws for people of different religions and denominations are an “affront to national unity”.
Senior Congress leader P Chidambaram contested the Prime Minister’s argument saying: “The Hon’ble PM has equated a Nation to a Family while pitching for the Uniform Civil Code (UCC). While in an abstract sense his comparison may appear true, the reality is very different. A family is knit together by blood relationships. A nation is brought together by a Constitution which is a political-legal document. Even in a family, there is diversity. The Constitution of India recognised diversity and plurality among the people of India.”
RSS and BJP have, been speaking of succession, marriages and social order. They have been accusing Muslims of close-knit marriages. But they overlook the marriage traditions prevalent in southern India. RSS and Modi must refrain from trampling the societal norms. They may get instant electoral benefit, but it will ruin India for ever.
What they are telling is uniform civil code will not only affect citizens following different religions but also those within the Hindu society because of different cultural traditions in states, castes and social strata, many believe. The tribal culture, for instance, is entirely different from what is practised in an urban Hindu family. RSS chief Mohan Bhagwat and Modi ought to realise that Uniform Civil Code is an aspiration. It cannot be forced on the people by an agenda-driven majoritarian government. A UCC imposed on the people will only widen the divisions.
After Modi’s revelation to implement UCC soon, the All India Muslim Personal Law Board (AIMPLB) held an emergency online meeting and decided to oppose the proposed law. The Board is free to act. Instead of rushing into conclusions, they should wait for the detailed information. They must refrain from walking into the trap of the RSS and BJP. AIMPLB must present its views powerfully in front of the Law Commission. Board must point out that Commission’s move lacks rationale. The 21st Law Commission had persuasively argued against any attempt to end plurality of laws and said the focus should only be on ending gender discrimination and social injustice and synergise family law with gender equality.
It is a fact that most of the media persons writing on the Muslim marriages and Shariat rules do not have sufficient knowledge of the issues. They allege that divorced women are denied of maintenance. According to Islamic law, during Iddat―four lunar months and 10 days after separation―period, the husband will provide maintenance and after that, he will have no obligation. However, it is a fact that they can get the maintenance benefit under the IPC and 125 of CRPC. Within the ambit of the ancient Muslim laws, maintenance has been a matter of primary concern for the spouses. However, under the Muslim law, Muslim women can claim maintenance under the Muslim Women Protection Act 1986.
RSS and Modi have also been trying to divide the Muslims on the lines of upper caste and Pasmanda Muslims on the UCC. Only a couple of days back Modi said, “The lives of Pasmanda Muslims have been made difficult by those who do vote-bank politics in the country. They are not treated equally. They have been exploited by members of their own community.” Surprisingly, he has been mentioning social practices prevalent in Pakistan, the perceived prime enemy of RSS and BJP, to justify his stand.
RSS and Modi also overlook the fact that UCC would alienate the tribals, especially from the northeast India. Manipur is already burning and further impetus in the direction of imposed uniformity would force the entire NE on brink.
Flavia Agnes, an eminent scholar of family laws and women’s rights lawyer, has questioned the timing and intention of raking up the Uniform Civil Code in the context of the general elections in 2024. She holds that false impression that is being created that only Muslims are opposed to the proposed Uniform Civil Code (UCC). The truth is that Adivasis, the people of Mizoram, and even some Hindu communities are against it.
At the time of its formation in 1980, the BJP had mentioned in its manifesto the implementation of the UCC. But it did not do it even during nine years of Modi Raj. Why? Why it is suddenly rushing with the issue just ahead of 2024 election? Obviously, it nurses portentous desires. It does not intend to benefit the people, especially the Hindus, of India. A key constituent of RSS recently said that it would run an awareness campaign for the UCC among Muslims as it would address the backwardness of Muslims. On many occasions, the Hindu Right has presented the implementation of the UCC as a solution to the “dangerous trend” of the rising Muslim population. (IPA Service)
The post With UCC, RSS And Modi Press Nuclear Button Of Communal Divisiveness first appeared on IPA Newspack.