Elections are fought on two counts – namely the personalities involved and the issues at stake. Popular leaders win elections on the strength of their mass appeal. Elections can also be won by raising issues or holding out promises. India is set for Parliament polls in a matter of months. The political temperature is rising; the right time to set the tone for the high-stakes battle is now. Little wonder, then, that Prime Minister Modi has revived the push for the Uniform Civil Code. This could likely be the central issue on which the BJP faces the 2024 polls. Modi will bite the bullet.
The prime minister’s question to a large gathering of BJP activists in Bhopal, Madhya Pradesh, was this: “Can a family or nation be run with different laws for different members? By definition, UCC involves a set of laws that are applicable to all in a uniform manner. It tends to replace personal laws of religions, including the rules of marriage, divorce, inheritance, adoption, wealth sharing and succession. However, Article 25 to 28 of the Indian Constitution guarantees religious freedom to its citizens and allows each such group to maintain its own distinct identity and affairs. Yet, Article 44 of the Constitution allows the state to apply a common law for all citizens. A constitutional change would likely mean uniform controls on several existing practices; a reason why the Muslim community is wary of UCC. As the Prime Minister noted, even staunch Muslim nations do not allow practices like Triple Talaq or instant divorce. It is logical to conclude that the religious practices that do not exist even in Pakistan, Bangladesh or Syria should be allowed to be practised here unhindered. The die is cast.
The BJP’s calculations are simple. This could polarize the electorate at this precise moment. There is no BJP if there’s no polarization. The Muslims and the Left would raise an outcry over UCC and the Congress too would. Those like Mamata Banerjee and Nitish Kumar too can be depended on to “fight” for the Muslims. The net result could be a polarization of the Hindu votes in BJP’s favour mainly in the Hindi belt. The BJP could get what it wants — and on a platter. The South as also the Muslims, set mostly against the BJP, can keep cribbing. It was despite their spirited resistance that Modi won the past polls. The BJP knows full well that the way to win the next polls is to give both shock and awe — concentrate on its strong points and hit its rivals where it hurts most.