The strong pitch made by Prime Minister Narendra Modi in favour of a Uniform Civil Code (UCC) has generated a wide range of reactions from individuals, organisations and political parties across India.The aim of the UCC is to provide a uniform civil law for all the citizens of India irrespective of caste, religion or creed. There are speculations that the bill would be introduced in the winter session of the Parliament or even the monsoon session, set to commence on July 20. The proposed UCC has sparked a raging debate in Kerala too with the two prominent political parties of the state, the ruling CPI(M) and the Congress, spelling out their opposition to it. TNM spoke to MN Karassery, a former academic, critic and political observer from the Muslim community. Karassery is open to UCC in principle but sceptical about the Bharatiya Janata Party’s (BJP) agenda behind its implementation.
“I am in favour of the idea of UCC in principle, but I don’t trust the BJP government with its implementation. I don’t think that the BJP government will implement it honestly with utmost faith. They have not prepared a draft bill so far. A draft has to be prepared and should be discussed at two houses of the Parliament, state Legislatures. Later the ideas need to be sent to the Law Commission.There is no point in mooting UCC without preparing a draft. They have to clarify what their thoughts are in the first place,” Karassery said.
Karassery feels that the BJP is raising a shrill pitch for the implementation of the UCC to provoke Muslims. “My feeling is that the BJP has pitched the UCC now to crack the opposition unity that was shaped after the Patna meeting. Not all opposition parties will have the same opinion about it. The non-BJP ruling states too may lack consensus.” In June, prominent leaders of the Opposition parties met in Patna in Bihar to forge a common front against the BJP for the 2024 Lok Sabha elections.
“The Congress or the CPI(M) can not oppose the UCC in principle as it was accepted in 1950 (The Article 44, which says the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India was incorporated during the year.) What all to be deliberated here; is it the right time to bring it in, how to implement it, how to reach consensus on it etc, all need to be discussed. The UCC is not something that would affect the Muslims alone. Majority of the Muslims are not into polygamy. It is said in the Quran that Muslim men can marry up to four women. But the Muslims won’t give up these things which are in principle only because they fear this will amount to going against the Quran, which the BJP is aware of. If a Muslim consolidation happens due to the implementation of UCC, a parallel Hindu consolidation will happen ahead of the 2024 elections and the BJP will benefit from this,” said Karassery.
The Muslim organisations in Kerala and the Indian Muslim League (IUML) have unanimously decided to politically and legally oppose the UCC in a meeting held in Kozhikode on July 4.
“India has a uniform Criminal Code, the Indian Penal Code, which was brought in by the British in 1860. Since we have a common criminal code, there is nothing wrong in having a common civil code. I approve of UCC in principle which will make legal rights for inherited property unique in all religions. But the CPI(M) and the Congress are opposing it for political gains only, they are not for a harmonious religious and social life for people of all religions. Nehru had been an advocate for this, but the Congress failed to bring in a law for it. EMS Namboothiripad (late Communist leader) was in favour of this.The IUML had split in 1974 and a splinter faction of it was with the Left. They returned to the mother organisation because of EMS’s favourable stand on UCC,” Karassery said.
The All India Muslim Personal Law Board also has registered their objections towards the UCC.
Karassery blamed political parties for changing their stance on UCC as per the changing political conditions. “Only after a draft is prepared and sent for deliberation will the BJP’s agenda be clear. We don’t have any clue what is in their mind as they have not revealed its character or its content other than just speaking about it. The BJP brought in legislation to stop Muthalaq. I am against Muthalaq. But instead of stopping the practice, it stipulated filing of criminal charges against men who divorced. This is not applicable for a divorced Christian or a Sikh man. I have been advocating to end Talaq and not just Muthalaq. No man should be allowed to abandon his wife without the permission of the cour,” he said. The Parliament had passed the triple talaq bill that makes the Muslim practice of instant divorce punishable in July 2019.
Karassery alleged that BJP’s agenda is to provoke the Muslims and to isolate them. “The Citizenship Amendment Act is an absolute injustice and criminalisation of Muthalaq is unscientific. The BJP’s way of bringing in such legislation is undemocratic. The quashing of Article 370 (that gave special status to Jammu and Kashmir) without deliberations is an example. Imposing UCC as part of divide and rule will lead to retaliations. UCC should not be used for that. My observation is that BJP can’t reveal the content of the proposed UCC as their intent is not good,” he said.