With the Waqf Bill receiving support from across party lines in Parliament, the Uniform Civil Code (UCC) has moved to the top of the central government’s legislative agenda, government sources said.
Although the BJP did not secure a full majority in the most recent Lok Sabha elections, it has managed to maintain power with the backing of allies such as the Janata Dal (United) and the Telugu Desam Party. Initially, the government had avoided controversial issues to preserve coalition stability. However, the unexpected cross-party support for the Waqf Bill — including from YSR Congress Party and Biju Janata Dal — has emboldened the Centre to advance the UCC.
Political calculations in Tamil Nadu
In Tamil Nadu, where elections are due next year, the BJP is aligning with AIADMK and shelving contentious topics such as delimitation and language policy — issues the party believes may play into the hands of rival DMK.
Modi says ‘UCC is a secular civil code’
Prime Minister Narendra Modi addressed the UCC during an April 14 speech in Haryana, criticising the Congress for allegedly stalling constitutional reforms.
“Whenever the Congress faced a political crisis, they undermined the Constitution,” Modi said. “The spirit of the Constitution calls for a uniform civil code for all — what I call a secular civil code. Congress never had the will to implement it.”
He highlighted the implementation of the UCC in Uttarakhand under the BJP government, claiming the law ensures equal rights and does not target any community.
New Law Commission to finalise UCC draft
The 22nd Law Commission, led by retired Justice Rituraj Awasthi, had released a preliminary UCC draft for public feedback and received input from nearly 10 million citizens and 30 organisations. However, its term expired before finalising the draft.
Now, the 23rd Law Commission has been reactivated. On September 2, 2024, the government issued a notification for its formation. Seven months later, Justice Dinesh Maheshwari, who retired from the Supreme Court in May 2023, is set to be appointed as chairman.
Advocate Hitesh Jain and Professor D.P. Verma will serve as full-time members. Their appointment notifications are expected this week.
Key Provisions of UCC
1. Equal property rights:
Sons and daughters will have equal inheritance rights, regardless of their community or category.
2. Property succession:
Upon a person’s death, property will be equally divided among the spouse, children, and parents. Under previous laws, only the mother had a legal claim.
3. Divorce equality:
Divorces can only be granted based on equal grounds by both spouses. A unilateral claim will no longer be sufficient.
PNN
