At least three states headed by the Bharatiya Janata Party have indicated that they would be initiating steps to implement the demand for a Uniform Civil Code in order to ensure equal development opportunities for all sections of society. It is evident that the clamour for Uniform Civil Code would increase once the 2024 Lok Sabha polls draw nearer and could be the next polarizing issue.
Although the insistence for implementation of the Uniform Civil Code is consistent with the long-standing promise made in the manifestos of the Saffron party since the days of the Jana Sangh, it is inconsistent with the provisions of the Constitution. Therefore, even if such a law is brought about any of the states, it shall be struck down by the apex court. In other words, the talk about this matter has more to do with the elections and divisive politics rather than with the legal correctness.
Uttar Pradesh deputy Chief Minister Keshav Prasad Maurya was the first to speak about the need to have a Uniform Civil Code and his sentiments were echoed by the Uttarakhand Chief Minister Pushkar Singh Dhami. Nudged by these polarizing views, Himachal Chief Minister Jairam Thakur also seemed to endorse this issue.
However, in Himachal, where the Assembly elections are due later this year, this may not become a major factor, given that the number of Muslims and other minorities is not sufficient to influence the overall outcome of the polls, which is basically determined by several other things. Himachal has by and large provided an opportunity to the Congress and the BJP every five years and if this pattern has to be replicated, it should bring back the Congress to power. But the entry of the Aam Aadmi Party and the indecisions or flawed decisions of the Congress High Command could make the contest wide open and it should not come as a surprise if the BJP government gets repeated.
BJP president J P Nadda, who also belongs to the state, has made it clear that the next polls would be contested under the overall leadership of Jai Ram Thakur, thus putting to rest all speculation regarding his being changed on the eve of the polls.
Nevertheless, the BJP is actively considering bringing about a change in Karnataka which shall be having the Assembly polls next year, since current Chief Minister Basavaraj Bommai has not proved to be a successful leader and the demand is to have a powerful Lingayat leader such as Jagadish Shettar as the CM. The right-wing elements have already polarized the politics in the state and if the demand for a Uniform Civil Code gains momentum, the society shall be further divided.
Major opposition parties and opponents of the BJP feel that by raising divisive issues, the ruling dispensation was not strengthening democracy but eroding it. The emphasis should be on creation of jobs, rising prices and improving the parametres which measure growth and development. What they fail to see is that the BJP picks up issues in order to send a strong Hindutva message down the line and galvanise its cadres. This demand is likely to be made by other states administered by the BJP as well and Gujarat which also goes to polls later this year, may also join the chorus. Politics up to a certain level is right but it has to be within the framework of what the Constitution permits.