EXPLAINER
Following the PM's comments, the opposition fiercely criticised the administration for using the UCC issue to gain political advantage as numerous states' elections are coming.
Prior to the elections in Madhya Pradesh, Prime Minister Modi's comments on the Uniform Civil Code caused a political stir. On Tuesday, Prime Minister Modi stated that the Constitution includes the Uniform Civil Code and that India can't function under two sets of rules. Following the PM's comments, the opposition fiercely criticised the administration for using the UCC issue to gain political advantage as numerous states' elections coming.
PM Modi is accused by Congress politicians of exploiting the UCC issue as a distraction from more pressing issues like inflation, unemployment, and the state of Manipur.
What is Uniform Civil Code?
A Uniform Civil Code is conceived as a body of rules that apply equally to all people, irrespective of religion, and that regulate personal concerns such as marriage, divorce, adoption, inheritance, and succession. It seeks to displace the many personal laws already in force, which differ according to one's religious identity.
The idea of a uniform civil code, which would apply to all religious sects, is one country, one rule. Part 4, Article 44 of the Indian Constitution specifically mentions the term "Uniform Civil Code." In accordance with Article 44, "The State shall endeavour to secure for the Citizens a uniform civil code throughout the territory of India."
Response of the opposition to UCC implementation
The comments by PM Modi, who referred to it as "vote bank" tactics, sparked a political discussion on UCC. Asaduddin Owaisi, the leader of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), criticised the prime minister on Tuesday, stating, "India's PM considers India's diversity & its pluralism an issue. He therefore says such things... Maybe the Prime Minister of India doesn't get what Article 29 is. Will you remove the nation's diversity and plurality in the name of UCC?"
Up to 30 tribal groups have also voiced concern about the Uniform Civil Code's potential to weaken tribal customary rules. "We object to the UCC for a number of reasons. We worry that the UCC may have an impact on two tribal legislation, the Chota Nagpur Tenancy Act and the Santhal Parganas Tenancy Act. The two laws safeguard tribal territories, according to Prem Sahi Munda, head of the Adivasi Jan Parishad.
Support for the Uniform Civil Code from AAP
A Uniform Civil Code now has the "in-principle support" of the Aam Aadmi Party. However, the party noted that it should only be introduced by the Indian government after thorough talks with all relevant parties. "The government should hold extensive consultations on the proposal with all stakeholders, including political parties and non-political entities," said AAP'a Sandeep Pathak.
The Aam Aadmi Party backs UCC in theory. It is also supported by Article 44 (of the Constitution), according to Pathak cited by Press Trust of India.
Supreme Court on Uniform Civil Code
The UCC's implementation has been demanded by the Supreme Court in a number of rulings. In its Shah Bano Begum decision of 1985, when a divorced Muslim lady requested support from her former spouse, the SC urged for the application of the UCC. In the 1995 Sarla Mudgal ruling and the Paulo Coutinho v. Maria Luiza Valentina Pereira case (2019), the Court also urged the authorities to put the UCC into effect.
(With inputs from PTI)
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