UCC: Tiptoeing Stealthily
By Poonam I Kaushish
It’s been a raucous winter session of Parliament. But in its penultimate week Prime Minister Modi continued to have his way and say: Fulfill last of BJP’s ‘core agenda’: Implementing Uniform Civil Code (UCC) and the contentious One Nation One Election (ONOE), an inkling that the Centre is likely to bring it this week was given by him during the Constitutional debate, “My Government is committed to it.”
It’s a no brainer. We need reforms and both are need of the hour. Undoubtedly, ONOE should be priority as the country has witnessed 400 Lok Sabha-State Assemblies polls till date. The Law Commission had thrice — 1999, 2015 and 2018 — argued for simultaneous elections to “free citizens, Parties and Government from encumbrance of asynchronous elections.”
It would make elections less expensive, more democratic, dispense with freebies, read bribes, pre-elections and bring a Bill making it impossible for criminals to contest. Besides, giving netas and Party workers time to take people-oriented schemes to citizens alongside saving money to Exchequer and Parties.
Presently, noisy campaigns, wasteful expenditure, rallies, blocked roads continuously disrupts our lives. Resulting in governance not only going for a toss as Prime Minister, Ministers, Chief Ministers campaign for their respective Parties but it wreaks havoc on our body politic — right, left and centre. Week after week, month after month, year after year merry-go-round. Think: Lok Sabha elections this year cost over Rs 135,000 crore, up from Rs 60,000 crore 2019.
Luckily BJP’s allies JD(U), TDP etc concur with Ex-President Kovind Committee’s 320-pages report recommending ONOE which talks of a two-step electoral process: Lok Sabha and Assemblies elections post dissolution as a one-time measure followed by municipal and panchayat polls within 100 days for 2029 elections.
Including, once date for transition to simultaneous polls is fixed, “tenure of all State Assemblies constituted in any election after the appointed date would come to an end on expiry of Lok Sabha’s full term irrespective of when an Assembly was constituted.”
Moreover, Constitutional amendments to this effect would not need ratification by States. An election due to a hung legislature could be held mid-way but only have a shorter term to synchronise with the following nationwide election. Of 47 Parties, 32 support the idea.
Of course, India Bloc led by Congress, TMC, Samajwadi etc have not taking kindly, calling it a “gimmick”, impractical, unworkable, unfeasible and anti-democratic. “It is a complicated and contentious affair which requires at least five Constitutional amendments and BJP doesn’t have the numbers”, said a senior leader
Questionably, is it because trend in recent elections has shown voters vote for BJP coalition in national elections, but choose a regional power in States? Will voters differentiate between both in simultaneous poll as there have been numerous times where voters have voted differently in both polls? For example, Delhi voters backed Kejriwal’s AAP in the State but voted BJP in Lok Sabha. Also, how fair would it be for voters to evaluate truncated terms of their State Governments?
Primarily, as both elections are not same. Lok Sabha is where voters decide who should helm country’s affairs and State where voters choose a Party that understands local and regional issues and resolve them.
Besides, if ONOE plan has to come through, it needs nod of Lok Sabha and Rajya Sabha. States too will have be consulted and cajoled as there will be 17 State Governments which will have to be disbanded before their term ends. How many will agree to such an eventuality in a power-hungry political culture?
Undeniably, simultaneous elections would be economically viable and big saving for exchequer and resources. It would help avoid disruptions in governance and policy paralysis due to frequent polls as once a Party is elected and Government formed it can get down to work, take hard decisions in public interest and concentrate on delivering good governance without worrying about its impact on vote banks.
Consider several good initiatives are dumped due to electoral considerations lest it upset a caste, community, religion or region. All, becoming victims of policy shutdown, mismanagement and poor implementation. The desperation is evident as even elections for a couple of seats in by-elections has all Parties devoting their time to it ignoring other priorities for which voter voted.
On UCC Modi believes no country should have any religion-based law other than a single law for citizens. That would knit India’s diverse social fabric into one nation as it replaces personal law like Hindu Code Bill, Shariat law etc which are based on scriptures and customs of various religious communities with a common law governing personal matters: marriage, divorce, adoption, inheritance and succession for citizens irrespective of religion, removing inequalities and protecting women rights thereby creating a gender-equal society.
Naturally, Opposition has attacked this as symptomatic of Modi’s disregard for India’s diversity saying “good governance and not uniformity should be the objective of a democracy. UCC would interfere with the right of religious freedom and in personal laws of religious groups unless religious groups are prepared for change, (sic). It is a ‘minority vs majority’ issue and the Hindutva Brigade’s policy for Muslims living in India.”
Arguably, what is it about the Code that makes our political tribe other than the Hindutva Brigade see red? Why Congress’s predictable pantomime of puerile lame excuses which add up to “appeasement of the minorities” (read Muslims) at all costs.
Raising a moot point: Why should UCC be viewed as encroaching on right of religious freedom? Or being anti-minority? If Hindu personal law can be modernized and a traditional Christian custom struck down as unconstitutional, why should Muslim personal law be treated as being sacred to the secular cause?
Alas, over the years deliberate distortions of religion to suit narrow personal and political ends had vitiated the country, which shamelessly, has everything to do with vote-bank politics. Whereby, Ram-Rahim have been reduced to election cut-outs in today’s politico-social reality, successive Governments have failed to draw a distinction between politics, caste and religion.
Clearly, India and its secularism deserve a voluntary common civil code for gradual acceptance without further delay. Enlightened opinion among Muslims will then have a choice’ be liberal and progressive or remain obscurantist and backward. Goa already has UCC willingly accepted by all.
True, there are cogent arguments on either side on ONOE or UCC. On ONOE its development vs accountability? Electoral expenses vs political choices? Governance vs electoral fairness? Given how elections have an almost talismanic power in the country’s democracy the stakes couldn’t be higher.
Hence, we should avoid polls duplication. With States perpetually in election mode, managing Government is akin to running with the hare and hunting with the hound. India’s democracy should not be reduced to a tu-tu mein-mein between Parties all the time.
On UCC, no one community should be allowed veto or block a progressive legislation. Especially, if it’s voluntary and doesn’t seek to impose any view or way of life on anyone arbitrarily. UCC will help cause of national integration by removing desperate loyalties to laws, which have conflicting ideologies. How long will we live at impulses and fancies of Pandits, Mullahs and Bishops?
Be it ONOE or UCC the lust for power is overpowering for our netagan. Time now for them to get down to the business for which they are elected: Governance. And what’s good for citizens. What says you? — INFA