The BJP, in its 2014 poll manifesto, had promised to bring uniform civil code, ending a regime of different laws on the basis of religion. Now, the Modi government has shown its firm commitment to implement this much needed reform. This comes at an important time even as the country is about to go into elections next year.
BJP leader and Supreme Court advocate, Ashwini Kumar Upadhyay, vehemently vouched for a uniform civil code before the law commission on May 18. Ashwini Kumar Upadhyay has been instrumental in the past with reference to important matters such as banning of triple talaq and other misogynist practices such as nikah halala and polygamy.
In 2016, the Modi government had taken a big step in the direction of bringing uniform civil code and had asked the law commission to examine implementation of the uniform civil code. It had then evoked extreme reactions from the pseudo seculars who claim that uniform civil code goes against the philosophy of secularism and is, thus, in violation of the constitution. However, article 44 of the constitution casts a positive obligation upon the state to implement a uniform civil code for all its citizens. It is beyond comprehension how the uniform civil code is unconstitutional when the constitution itself mandates it upon the state to legislate and enforce a common code.
The law commission had received 70,000 responses to its questionnaire on the issue of a uniform civil code issued in October 2016. However, the law commission decided to hold wide consultations and look for the opinion of various stakeholders such as Ashwini Kumar Upadhyay. The BJP leader while appearing before the commission made strong arguments in favour of uniform civil code. He cited article 44 of the constitution which requires the state to secure a uniform civil code for its citizens throughout the territory of India. He also referred to the favourable remarks made by the Supreme Court in the landmark Shah Bano case in 1985 observing that uniform civil code is a constitutional obligation but it has remained a dead letter. He also referred to the triple talaq judgment by the Supreme Court last year. In its judgment, the apex court opined that uniform civil code is required to remedy and assuage the mischief similar to the one with which the court was concerned in the said case. He also referred to Dr. B.R. Ambedkar and made it clear that in course of constituent assembly debates, Ambedkar had made it clear that a majority of different items in personal laws were codified by the British. However, a uniform civil code is now required for remaining matters such as marriage, divorce, inheritance and succession.
The BJP leader exposed the lack of political courage for the last six decades among successive governments fearing loss of Muslim votes due to which this reform has been kept in abeyance. He also pointed out that there has been a common civil code in vogue in Goa since 1965, which is applicable on all its citizens. He argued that it can be replicated to the entire nation. Thus, it seems that the BJP is taking all necessary steps in the direction of drafting and enforcing a uniform civil code. It was under the Modi government that consultations were held on this issue and now with a BJP leader vouching for a common civil code, its commitment to implement a uniform civil code has been reaffirmed. The code was given a cold shoulder till now and anyone who demanded that the constitutional obligation be discharged was labelled as a communalist Hindu. However, the Modi government has finally opened up the nation to this much needed reform and only the modalities are left to be finalised. With a year still to go for general elections, Modi government is all set to fulfill its poll promise.