Modi Regime’s Pitch for Uniform Civil Code is Outrightly Hindutva Fascist
Modi’s pitch for Uniform Civil Code (UCC) singling out and targeting Muslim community, without highlighting other religious denominations and in gross disregard of the practices and traditions followed by many tribal communities as well as ethnic and cultural diversities in India, is perfectly in tune with the majoritarian Hindutva agenda vigorously pursued by RSS. Modi’s statement comes after a week of 22nd Law Commission’s invitation to public seeking opinion on UCC which is mentioned in Part 4, Article 44 of the Indian Constitution. Of course, being part of the Directive Principles of State Policy, as of now, the UCC is not enforceable or justiciable in a court of law.
However, RSS /BJP’s consistent strive to push through UCC in the guise of upholding the spirit of Constitution, especially “equal rights” to all citizens mentioned in it, doesn’t hold water. For, the Modi government had no qualm in undermining the basic character of the Constitution by incorporating economic criteria into reservation through the 103rd Constitutional amendment that ensured 10% reservation (EWS reservation) for the brahmanical upper-castes who already have their stranglehold over India’s political-economic, and administrative powers.
Plainly speaking, UCC stands for uniform set of laws that would replace personal laws based on religions, customs, traditions, caste, creed, sexual orientation, gender and so on. India being a multi-ethnic, multi-cultural, multi-lingual and multi-religious country, rather than a super-imposed pan-Indian identity, pluralism and diversity are the essence of Indian Union. Many tribal communities with varying personal, customary and inheritance laws are there in India. Hence religion is just one of the factors that come in the way of a UCC.
In India, Goa is the only state where a UCC and common family law prevails regardless of religion, gender or caste. However, the Goa UCC is based on the 1867 Portuguese Civil Code and was introduced in Goa in 1870 by Portugal as part of extension of its civil code to the Overseas Provinces of Portugal. And the civil code was retained in Goa after its merger with the Indian Union in 1961. Revealingly, in 1981, the Indira Gandhi government appointed a Personal Law Committee and tried to alter the Goa UCC, but had to withdraw from that move due to stiff resistance from the Muslim Youth Welfare Association and Muslim Women’s Association of Goa. Why the Modi government which is bent on superimposing a UCC is silent on this?
To be precise, the essential prerequisite of a State/regime that strives for a UCC is its secular credential itself. Obviously, the Modi regime that follows Hindu puja and all Vedic rituals for inaugurating even the parliament building has no such credibility. As everybody knows, as evident from the Hindurashatra approach towards denying citizenship to Muslims, stigmatising and even eliminating them a!ong with subjugating other religious minorities, a UCC can be nothing except a Hindu Civil Code, where all other religious practices, especially those linked with Islam will be illegal and anti-national. In consonance with RSS ultimate goal of a majoritarian Hindu theocratic state, a long drawn-out process of saffronisation of every sphere, ranging from history, culture, education and even scientific research is already in full swing. The manner in which the entire administration including military, civil and judiciary works is already much discussed. It’s latest manifestations are one tax, one police, one election and so on.
In continuation of this and in view of the imminent Assembly and General elections, RSS/BJP is vigorously deploying UCC as a fascist weapon of dividing and polarising the entire country, and for instigating one community against another, and diverting people’s attention from their horrific living conditions. It is high time on the part of toiling workers and all oppressed together with all democratic forces to rise up to the occasion and defeat this heinous fascist move without any let up.
P J James
General Secretary
CPI (ML) Red Star
28th June 2023
