Mr Arjun Ram Meghwal assumed charge as the Minister of State (independent charge) for the Ministry of Law and Justice on Tuesday, retaining the portfolio from the previous Modi government. The Minister affirmed that the implementation of the Uniform Civil Code was a part of the Modi Government’s agenda. This confirmation comes amidst uncertainty over the pursuance of the goals stated in the BJP Manifesto due to the newly formed coalition government, depriving the BJP of an absolute majority in the parliament.
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What is the Uniform Civil Code?
Common criminal laws apply to all people in the country however civil laws differ according to one’s religion. Different communities including the Hindu majority and the Christian and Muslim minorities and tribal communities follow different civil laws that stem from their religious texts and cultural practices. The Uniform Civil Code seeks to replace this maze of personal laws with common and uniform laws for marriage, divorce, succession, adoption, guardianship and partition of assets.
Under the Directive Principles of State Policy under Part of IV of the constitution, Article 44 states that ‘the state shall undertake to offer a unified set of laws to its citizens within Indian boundaries.’ This provision of the constitution forms the legal basis for the demand of a Uniform Civil Code. It has also been a major goal in the BJP Manifesto since 2014.
Implications of a Uniform Civil Code
The proponents of the law argue that they would lead to administrative ease and compliance and would also contribute to gender equality, alleging that a majority of religious laws are catered against women. Religious minorities and tribal communities however argue that the law would deprive them of their freedom to religious practice, imposing a draconian set of rules that would limit their conduct. These allegations are grounded in the religious and ethnic tensions that have flared in the country ever since Narendra Modi came to power in 2014. The BJP has been accused of mainstreaming Hindu Majoritarianism leading to increased fear and tensions among the minorities, especially Muslims.
In 2018 however, the Law Commission stated that a Uniform Civil Code is ‘neither necessary nor desirable’ and ‘secularism’ cannot contradict the plurality prevalent in the country. It remains to be seen how these politico-ethnic dynamics played in this newly formed NDA government.
Other Statements by the Minister
Mr Meghwal rejected the allegation that there was friction between the legislature and judiciary over the issue of the Memorandum of Procedure (MoP) and expressed hope that a solution would be found soon. The MoP refers to the process of selection, promotion and transfer of High Court and Supreme Court judges, an issue that has been in the pipeline for a long time. He also expressed views over the ‘One Nation, One Election’ issue and said that the report by the Ram Nath Kovind Committee had been submitted and that the Law Commission was also working on the proposal.
This new term brings in a lot of challenges for the government and the public stands in observance of how these issues will be navigated.
