New Delhi: Key National Democratic Alliance (NDA) allies – the Janata Dal (United) and the Telugu Desam Party (TDP) – are keeping their cards close to their chest, and treading with caution after prime minister Narendra Modi’s announcement during his Independence Day speech that the country should move towards a new “secular civil code” in a departure from the Bharatiya Janata Party (BJP)’s long drawn promise of a Uniform Civil Code.
In his speech, Modi said that the country has spent 75 years with a “communal code” and the time is right to move towards a secular civil code, that would lead to freedom from religious discrimination.
“In our country the Supreme Court has time and again discussed the Uniform Civil Code and given directions. A huge section believes, and this is the truth, that the civil code that is there now is a type of communal civil code. One that discriminates. We have to realise the dream of constitution makers,” he said.
“There should be a deep discussion on this and everyone should put forth their views. The laws that divide the country on the basis of religion, such laws cannot be part of a modern society. The time is right for a secular civil code. We have spent 75 years with a communal civil code. Now we need to move towards a secular civil code, only then will we get freedom from discrimination on the basis of religion.”
After falling short of a majority on its own in the 2024 Lok Sabha elections and winning 240 seats, the BJP is reliant on its two allies – the JD(U) with 12 seats and TDP with 16 seats in the Lok Sabha. The two parties however, have not openly supported a call for such a code.
“We always have been and are always with Muslim community,” a TDP leader who did not wish to be named said to The Wire.
“Now whether it is a uniform civil code or secular code we need to have a discussion on it and only then can we take a stand. The party is yet to have a discussion and take a stand on it.”
Last week, during the introduction of the Waqf Amendment Bill, which was sent to a joint parliamentary committee (JPC), though TDP had supported the legislation but advocated for sending it to the JPC.
On the other hand, while the JD(U) had earlier said that it is not opposed to the Uniform Civil Code, wider consultations are needed.
“Nitish Kumar wrote a letter to the Law Commission in 2017 on the Uniform Civil Code. We have no issues (with it) at the centre or state level but there should be wider consultation and wider consensus on the issue,” said JD(U) political advisor and national spokesperson K.C. Tyagi to The Wire.
In his 2017 letter, Nitish had said that a Uniform Civil Code without a consensus among “the various religious groups, especially the minorities, will create a situation of social discord and lead to erosion of faith in the Constitutional guarantee of freedom of religion.”
After leaving the INDIA alliance and rejoining the NDA earlier this year, ahead of the Lok Sabha polls, Tyagi had also said to The Wire that the JD(U) will give suggestions on not pushing out a uniform civil code in haste.
“In the case of the UCC we will give our suggestions that don’t push it in haste. Speak to all the stakeholders, all religious minorities and state chief ministers. There is no need to treat such sensitive matters in haste. We will give these suggestions,” he said.
Last year, when the 22nd Law Commission sought fresh views through a notification, The Wire reported that while the promise of a Uniform Civil Code has been a mainstay in the BJP’s manifestos for successive elections from 1996 it is yet to pass such a law. NDA allies particularly in the north east had then opposed any such uniform civil code as well.
According to the BJP, the move from a uniform civil code to a secular civil code is to uphold constitutional values of secularism.
“Prime minister has always talked about sabka saath sabka vikas. When he first took oath he was asked about his dharm and he said his dharm is the constitution. This means that the constitution is supreme in the country which runs on secularism. That is why the prime minister has sought to highlight it so that there is no confusion and no one is misled and uniform (civil code) has been referred to as secular,” said Jamal Siddiqui, national president, BJP minority morcha.
Shazia Ilmi, national spokesperson for the BJP said that the nomenclature does not matter, whether it is uniform civil code or secular code.
“You can call it common, you call it uniform – the nomenclature does not matter. The idea is to give the same rights to all women for marriage, divorce, inheritance. One need not play with semantics. What we are talking about is in the Directive Principles of the Constitution. And all those who believe in the Constitution will be for it and those who do not, will not be,” she said.
When asked about whether NDA allies have been taken into confidence, Siddiqui said the prime minister only takes decisions by taking everyone into consideration.
“The Prime minister has always upheld democracy and secularism and conducts discussions which is central to democracy. And he takes decisions after taking everyone into confidence. As his slogan is sabka saath, sabka vishwas,” said Siddiqui.
The 22nd Law Commission’s notification seeking fresh views on the uniform civil code came after the 21st Law Commission in a 2018 paper had called a uniform civil code “neither necessary nor desirable”. Last month union law minister Arjun Ram Meghwal said in parliament that the 21’st Law Commission’s observations were not part of a report but “a consultation paper titled ‘Reforms of Family Law’ on its website”.
Meanwhile the opposition has lashed out at Modi for terming the present code as “communal code” while calling for a secular civil code.
“The code he (PM Modi) is talking about was written by Babasaheb Bhimrao Ambedkar. If anyone insults the code written by Baba Saheb, that too from ramparts of Red Fort, we do not accept it,” said Congress’ Pawan Khera told the Press Trust of India.
Former union minister Kapil Sibal said that the need of the hour is for “a secular and civil country.”
“Last ten years, BJP has been neither secular nor civil.”
CPI(M)’s Thomas Isaac said that the secular civil code is only a “ploy for communal polarisation targeting minorities.”
“The track record of Hindu fundamentalists is that of opposition to even Hindu Civil Code Bill mooted by Ambedkar and Nehru.”
