A uniformly cynical code

BJP’s unprincipled push for uniform civil code is driven purely by electoral calculations

Alok Tiwari

If the campaign period of Lok Sabha elections was time for saving your buffaloes and mangalsutras, the current campaign period for Jharkhand and Maharashtra appears to be devoted to Uniform Civil Code (UCC). It is one of the many issues that Bharatiya Janata Party keeps bringing up in the hope of consolidating the Hindu base. The tone was set by Prime Minister Narendra Modi in Vadodara during birth anniversary celebration of Sardar Patel. He rooted for One Nation-One Secular Code while spewing usual venom on urban naxals, his omnibus term for anyone who differs from him.

This was followed up by including the code in party’s election manifesto for Jharkhand. While releasing the manifesto Union home minister Amit Shah declared the code would not apply to tribals in the state. This was on the lines of UCC implemented in Uttarakhand but in Jharkhand it is even more important as the state has a much larger proportion of tribal population. Despite the Sangh pariwar’s efforts to incorporate and subsume the tribals within the larger Hindu fold, these communities have so far largely held out. They have their own religious and social practices that do not conform to any established religion even as they may overlap with some in different region.

A code that is borne out of modern-day urban sensitivity and is applied on all of them has potential for trouble. BJP is far too smart not to understand this. So, it cleverly created an exception for the tribal community. A Uniform Civil Code that has exceptions by definition does not remain uniform. For a UCC to be true it must apply to all without exception. But that being a matter of principle and BJP being the last organization in the world to have anything to do with principles, it was no obstacle for it.

Recall the party’s barefaced acceptance of cow slaughter in places like Goa and north-east. There are videos of BJP politicians or people aligned with it aggressively assuring people in Goa and in Meghalaya that the party will never ban cow slaughter in their areas. Some even assured that they themselves eat beef and would continue to do so. This is the same party and the same pariwar that has unleashed so called gau rakshaks in other places who brazenly kill those they suspect to be carrying beef. Because, well, cow is sacred to Hindus and must be revered by all. But the party and the Sangh is happy to sacrifice Hindu sentiment to win elections.

If the holy cow can be turned into an election lollipop, why should UCC be any different? What purpose a UCC would serve if it is not applicable to a large section of the state’s population? This question would be relevant if the objective of the party were to really promote social and gender justice through the code. However, the real idea, as always is to target the minorities, particularly Muslims. Going by the Uttarakhand example it would also have elements of moral policing, like making registration of even live-in relationships mandatory.

To be sure, a modern forward looking and just civil code for all is desirable. However, the framers of the constitution recognized the fact that such things cannot be shoved down the throat of an unprepared and unwilling population. Hence, they kept the aim as one of the directive principles of state policy rather than an enforceable provision. It is equally true that subsequent governments in the country never really applied themselves to making it a reality, being afraid of souring sentiments of different communities. This does not mean that the civil code has remained static over the years. Many different laws relating to marriage, divorce, dowry, succession have been enacted to eliminate certain undesirable practices. There are secular laws in place for people who voluntarily do not wish to follow the religious codes. There have also been court cases enlarging the citizens’ rights and fostering gender justice in the matter of succession.

BJP was clever in recognizing the issue could be used as another stick to beat the Muslims with given the resistance among a conservative section of them to reforms. That it has no other target is proved by its making exception for the tribals. If a modern code is so good that it must be implemented for all then why is it not good for the tribals? And if the tribals can be excluded because they are not ready yet, then why not other communities who may also not be ready? Whatever work the party intends to put in the coming years to convince the tribal communities to accept the common code, it could also put in with respect to Muslims as well.

BJP would never do that. Because it is not about the code itself but about trying to consolidate Hindu votebank behind itself. The party reckons that any anti-Muslim measure will help unite Hindus in its support. Other than that, it has no viable argument for itself with Indian public. In fact, it does not even address the Indians, only a relatively prejudiced section of Hindus. It knows that if even half of the Hindu electorate is swayed by such antics, it rides to power. That has been its practice since early days of Ram temple agitation through to Smashan-Kabristan, beef ban, ghuspaithiye, mangalsutra, bhains le jayenge, to now batenge to katenge arguments. Those issues are not important to BJP, just getting to power is.

By making a politically convenient exception to what could have been a genuinely progressive measure, the party has revealed it to be just another cynical exercise to gain power. It has worked for a very long time. But it is an old playbook and getting tiresome. Last national elections showed limits of this divisive politics. Jharkhand and Maharashtra will reveal whether some life is left in it.

This column appeared in Lokmat Times on Nov 6, 2024