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PM Modi calls for a new ‘secular’ civil code

ByDhrubo Jyoti, New Delhi
Aug 16, 2024 01:07 AM IST

UCC refers to a common set of laws that will subsume customary laws across faiths and govern issues such as marriage, divorce, inheritance and maintenance.

The time has come for India to demand a “secular civil code” because laws based on religion that foster discrimination have no place in a modern society, Prime Minister Narendra Modi said on Thursday, making his strongest pitch yet for a contentious idea that has animated the nation since before Independence but never come to fruition.

Prime Minister Narendra Modi greets the gathering at Red Fort in Delhi on Thursday. (PTI)
Prime Minister Narendra Modi greets the gathering at Red Fort in Delhi on Thursday. (PTI)

In his 11th Independence Day address, his longest yet at 98 minutes, Modi called for simultaneous state and national elections, swifter punishments for crimes against women, elaborated on his vision for a Viksit Bharat (developed India) by 2047, the centenary of the country’s Independence, and expressed concern about the attacks on minorities in Bangladesh.

He also hailed his government’s efforts in expanding welfare schemes, boosting innovation and the capacity of India’s young, achieving climate goals, and removing economic and legal fetters shackling the lives of the middle class.

“Laws that divide our nation based on religion and foster discrimination have no place in modern society. Therefore, I assert that it is time for the country to demand a secular civil code,” Modi said from the ramparts of the Red Fort, the customary dias for the Prime Minister’s Independence Day address.

“After 75 years of a communal civil code, it is crucial to move towards a secular civil code. Once this shift takes place, it will eliminate religious discrimination and will bridge the gap felt by ordinary citizens,” he added.

UCC refers to a common set of laws that will subsume customary laws across faiths and govern issues such as marriage, divorce, inheritance and maintenance. Part of the troika of core ideological goals of the BJP, UCC was among the party’s poll promises in the 2024 general elections. The BJP-ruled state of Uttarakhand was the first state to legally enact UCC in the state earlier this year, though the new code is yet to be fully implemented.

Modi has pitched for UCC before, most prominently in a Bharatiya Janata Party (BJP) meeting last year in the run-up to the general elections. But this was his strongest endorsement yet of an issue that is part of the directive principles of state policy of the Constitution but is politically controversial. It also marks the first time that he has termed the current maze of faith-based personal laws as communal.

Modi said that the Supreme Court had repeatedly addressed the issue. “Numerous orders have been issued, reflecting the belief of a significant portion of our population — and rightly so — that the current civil code resembles a communal civil code, one that is discriminatory. As we celebrate 75 years of the Constitution, we must hold extensive discussions on this subject as the Supreme Court advocates for this change. And it is our collective responsibility to realise the vision of the framers of our Constitution. We should welcome diverse opinions and perspectives,” the PM said.

UCC has been among the most hotly debated issues in India since before independence. The question triggered animated discussion in the Constituent Assembly, before the framers of India’s founding document chose to place it among the non-justiciable directive principles of state policy. But UCC, along with removal of Article 370 in Kashmir and the building of a Ram Temple, remained at the forefront of the BJP’s ideological agenda for decades. Article 370 was effectively abrogated in 2019, and the Ram temple was consecrated in January this year.

In his speech, Modi also spoke about the importance of syncing elections, another pet project of his government, and claimed that frequent elections were becoming a hindrance to the country’s progress and creating obstacles.

“Today, it has become easy to link any scheme with elections, because elections are happening somewhere in the country every three or six months…every scheme is coloured by the hue of elections,” he said.

He urged political parties to come forward and make simultaneous elections a reality. “The country needs to come forward to embrace the concept of One Nation, One Election…for the progress of Bharat and the maximum utilisation of its resources for the common people,” he said.

From the first elections in independent India in 1952 until 1967, elections were held simultaneously across the country. But since the Lok Sabha and state assemblies can be dissolved before their tenures end, the state and national elections came to be held at different times after that.

Several committees, including a parliamentary panel, the Law Commission, the Niti Aayog and the Election Commission of India, have studied simultaneous polls in the past, backing the idea but flagging logistical concerns. A high-level committee led by former president Ram Nath Kovind last year unanimously backed simultaneous polls across national, state and local tiers and called for a raft of constitutional amendments to achieve the goal, potentially setting the stage for the far-reaching but controversial reform that can reshape the world’s largest democracy.

In what was his first independence day speech after the 2024 polls, Modi outlined his vision for a “Viksit Bharat” by 2047 and compared the years leading up to the centenary of India’s independence with the freedom movement. “We are proud that we carry the blood of 40 crore people who had uprooted colonial rule from India. Today, we are 140 crore people, if we resolve and move together in one direction, then we can become ‘Viksit Bharat’ by 2047 by overcoming all obstacles in the way,” he said.

Modi said he intended to work “24x7 for 2047”, and said the country was committed to moving forward with a firm resolution by overcoming obstacles, hurdles and challenges.”There was a time when people were ready to sacrifice their lives for the nation and we achieved freedom. Today is the time to live for the nation and such a resolve could lead to a prosperous nation,” he said.

The PM spoke about key demographics such as women, the young, farmers and marginalised castes, and hailed his government’s welfare outreach. “The forward strata of society did not face such lack of amenities. It is the Dalits, the marginalised people, the exploited segment, the tribal brothers and sisters, people who dwell in slums and shackles, it is they who are devoid of such basic necessities. We made efforts to fulfil many such basic needs and the benefits of the results have been received by all members of the society,” he said.

Women’s safety formed a key node of his speech, coming against the backdrop of sweeping protests across India against the brutal rape and murder of a young doctor at one of Kolkata’s top government hospitals.

“The outrage is visible in the nation and among the citizens. I can feel this outrage. The states, society and the nation have to take serious cognisance of this malefaction. Crimes against women should be investigated without any delay. Those committing such demonic acts must be booked prima facie to reinstate the trust on the government, judiciary and civil society,” he said. “I feel that it is very important to create this fear.”

He also mentioned the tumult in Bangladesh, where long-serving premier Sheikh Hasina was unseated last week by a student protest, and condemned crimes against Hindus and minorities. “The primary concern of our 140 crore citizens is to ensure the safety of Hindus, the minorities in Bangladesh. Bharat has always desired that our neighbouring countries pursue a path of contentment and peace,” he said. Hasina is currently in India.

Modi said that the government was deeply committed to major reforms, and aimed to set the country on the path of progress. “We need to focus on two more advancements which have catapulted our economic growth and development. First is the development of modern infrastructure in which we have grown leaps and bounds. Second is Ease of Living. The common people should also have access to an affordable dignified lifestyle and basic amenities,” he said.

He spoke of the strides in education, improving the standards of living, and skilling young people. “Our aim is to accelerate progress in every sector, focusing on three key areas. Firstly, we must create new opportunities across all sectors. Secondly, we should work towards strengthening the supporting infrastructure required for evolving systems. And thirdly, we must prioritise and enhance the basic amenities for our citizens. These three aspects have fostered an aspirational society in Bharat, resulting in a society that is brimming with confidence.”

The Prime Minister also underlined the importance of health. “A Viksit Bharat of 2047 must also be a healthy Bharat. To ensure this, we must focus on the nutrition of children starting today as they are the first generation of a developed Bharat.”

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