August 18th 2024.
During his speech on 15 August, the Prime Minister addressed the nation and announced that his government would be taking steps towards changing India's personal laws. He emphasized the need to move towards a secular civil code, stating that after 75 years of a communal civil code, it was crucial to eliminate religious discrimination and bridge the gap felt by ordinary citizens. These personal laws pertain to marriage, divorce, and inheritance, and have been a topic of interest for the BJP since the founding of the Republic.
Interestingly, Dr. Ambedkar had proposed some changes to the Hindu personal law, particularly in regards to inheritance for women. He recognized that there were two dominant forms of traditional inheritance law, and suggested modifications to make it fairer for women. However, this proposal was not well-received by the political formation of the RSS.
In fact, in their 1951 manifesto, the Jana Sangh (predecessor of the BJP) opposed the Hindu Code Bill, arguing that social reform should come from society rather than being imposed from above. In 1957, they stated that any changes to the laws must be rooted in ancient culture, as deviating from this would result in chaos. In their 1958 manifesto, they even went as far as to say that altering the basis of Hindu society through changing personal laws would ultimately lead to its disintegration. Thus, they promised to repeal the Hindu Marriage and Hindu Succession Acts.
However, as time passed and nuclear families became more common, the party's stance on this issue shifted. They no longer opposed the idea of a uniform civil code, and instead began including it in all their manifestos. They even promised to enforce it if they came to power. However, despite having an absolute majority in 2014 and 2019, the BJP did not legislate or produce a draft for a uniform civil code.
Now, with the party's reduced number of seats in the parliament, the promise for a uniform civil code has resurfaced. However, there is no indication of who will fulfill this promise and where a draft law, if any, has been made by the current Prime Minister and his ministers. In fact, in the 15 years since the BJP has been in power, there has been no draft, only speeches. This is because it is a complex issue that cannot be easily solved. For the BJP, a uniform civil code is seen as a means to abolish polygamy within the Muslim community. However, to achieve this, they would have to address other aspects of personal law for other communities as well, such as the Hindu Undivided Family.
Additionally, most people are familiar with Article 370 which was targeted and abolished by the BJP in 2019. However, fewer are aware of the very next Article, 371, which states that no act of Parliament in respect to religious or social practices of the Nagas, Naga customary law and procedure shall apply to the state of Nagaland unless the Legislative Assembly decides otherwise. This raises the question of what would happen to a secular civil code that goes against Naga customs.
In March 2018, the Nagaland Bar Association submitted a memorandum to the Chief Minister stating that several Central laws pertaining to personal laws in the state were contradictory and opposed to Naga social customs and practices. They highlighted that legislative power in such matters is vested with the State Legislature as per Article 371A of the Constitution. Thus, they called for these laws to be replaced with their own state acts. Similar provisions exist in Article 371 to safeguard customary law for Mizos.
Considering all this, it is important to note that there is no point in opposing or commenting on the Prime Minister's call for a uniform or secular civil code until a draft is produced. It is important for him to be encouraged to present a draft, even if he is not pressed to explain why he didn't do so during the 10 years when his party had a majority. The opposition and communities who feel threatened by this speech should hold back their responses until they see what, if anything, the Prime Minister actually produces.
Furthermore, it is worth considering why the Prime Minister is raising this issue now, especially since his party is in a minority. This is similar to the introduction of the Waqf bill, which aimed to further the BJP's Hindutva agenda, and the broadcast bill, which aimed to suppress voices like Ravish Kumar and Dhruv Rathee. Both of these proposed laws have faced opposition in the current political landscape. The speech on a secular civil code shows a lack of understanding of the changing political climate and the fading of the Prime Minister's popularity. It also highlights the government's tendency to make promises that their minority in the parliament cannot fulfill.
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