Just a few months ago in October 2022, the PM Narendra Modi led Union Government had told the bench of Supreme Court of India led by the Chief Justice D Y Chandrachud that personal laws in the country based on religion is an “affront to the nation’s unity” and Uniform Civil Code would bring about integration of India by bringing different communities on a common platform through an unvarying legal regime. The submission was just opposite to the ground reality of discord and disunity that has always been revolving around the Uniform Civil Code.

Now only after about 8 months, the 22nd Law Commission of India, has come out with the solicitation notification stating “the relevance and importance of the subject and also the various Court orders on the subject” it had “considered it expedient to deliberate afresh over the subject”. It goes without saying that it is following the Modi government’s political dictates on the issue, just as it had echoed their view in respect of more draconian sedition law, that the government is planning to bring during the forthcoming monsoon session of the Parliament of India.

Moreover, the 22nd Law Commission has just reversed the earlier view of the 21st Law Commission that had submitted its 182-page consultation paper on ‘Reform of Family Law’ on August 31, 2018. It had then submitted –

“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 the 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.”

The submission of the Law Commission view was more convincing, as against the political stand of the BJP-RSS clan who have always been trying to divide people on the basis of religion, creating a vicious atmosphere between communities, especially among Hindus and Muslims of the county with the chief aim of polarization of votes on religious ground. They are practitioners of majoritarian politics of Hindutva, and trying to establish political dominance of Hindus over all communities in the country merely on the strength of population rather than recognizing rights of the people in minority that goes against the spirit of democracy, human and fundamental rights. Interference into personal laws of other communities is sought through creating some enforceable laws, which the Constitution of India has specifically prohibited.

For BJP, Uniform Civil Code has been an important issue that helps the party to polarize Hindu votes in its favour, and they hope that it could enable them to realize their dream of turning India a Hindu Rashtra as against the Constitutional provision of a secular democratic state.It was due to this reason that when PM Modi came to power, a reference was made to the 21st Law Commission on June 17, 2016. However, its report on the ‘Reform of Family Law’, it just had logically unsettled the BJP-RSS plan, by specifically telling that the Uniform Civil Code was “neither necessary nor desirable.”

Nevertheless, it did not succeed in making BJP drop this issue. The election manifesto of the party for Lok Sabha election 2019 promised again that they would bring Uniform Civil Code if voted to power. Four years have passed since, and now when only about 10 months are left in Lok Sabah election 2024, the issue has been brought again to the fore through 22nd Law Commission.

The notice issued by the 22nd Law Commission mentions the old reference of 2016, and added that it has been examining the subject. “Accordingly, the 22nd Law Commission has decided again to solicit views and ideas of the public at large and recognised religious organizations about a UCC. Those who are interested and willing may present their views within a period of 30 days from the date of Notice,” it added.

What has really been transpired between Modi government and the 22ndLaw Commission that has been parroting the government view on several issues is not yet known, it is puzzling as to how a stage has come now just ahead of Lok Sabha election to reconsider the issue!

Even three months earlier on March 23, the Supreme Court of India bench headed by the Chief Justice D Y Chandrachud had wrapped up a clutch of petitions demanding UCC refusing to give any direction to the legislature to enact such a law.

There is no answer for the urgency of Uniform Civil Code at this stage excepting a political motive , since the ruling establishment is now facing a tough electoral battle sans any Hindutva wave to ride on, as we have seen in 2014 and 2019 elections, while people are disillusioned by the very dismal performance of the Modi regime. (IPA Service)