Uniform Civil Code: Will CPI(M) practise what it preaches on Muslim Personal Law?

Former Union Minister and BJP's Kerala in-charge Prakash Javadekar recently pointed out the hypocrisy of Left parties over the Uniform Civil Code (UCC), saying the CPI(M) had previously supported the idea of the UCC but is now engaging in political manoeuvring and reversing its stance to appease its vote bank.

It is true that the Left party had previously advocated the introduction of a UCC. In 1984, CPI(M) stalwart E.M.S. Namboodiripad’s strong statements against 'Shariat' stoked a political controversy. In 1985-86, the Left Front, under the leadership of EMS, conducted a major campaign against the Muslim Personal Law while emphasising the importance of a comprehensive UCC applicable to all religions.

However, it will be wrong to say that the CPI(M) has recently taken a 'U-turn' on the matter. In 2003, during the tenure of the Atal Bihari Vajpayee government at the Centre, the CPI(M) had taken a stand against the implementation of the UCC. The politburo released a statement then, explaining its perspective on the matter. It stated that, given the context of the communal politics practised by the 'Hindutva platform' and the resulting insecurity among minorities, particularly the Muslim community, the recommendation for a UCC by the Supreme Court would have a reverse effect on the cause of national integration. However, the politburo also acknowledged the existence of gender-based discrimination in personal laws across different communities, including those of the majority community, which was inconsistent with the constitutional rights granted to Indian citizens. Consequently, the CPI(M) politburo advocated the reform of personal laws, emphasising the urgency of addressing this issue without unnecessary delays.

However, over the next two decades, the CPI(M) appears to have softened its stance on personal laws that it previously labelled as "discriminatory". In 2015, a special leave petition (SLP) challenging the existing Muslim inheritance laws was filed in the Supreme Court, calling it discriminatory and based on misinterpretations of various Quranic principles. Kerala-based organisations such as the Khuran Sunnath Society and social activists like V.P. Suhara, founder of NISA, who have been advocating for reforms in personal laws, filed the SLP. A few months ago, Supreme Court directed the CPI(M)-led government in Kerala to submit an affidavit in the matter, but the government is yet to do so. In response to these developments, a women-led movement called the Forum for Muslim Women's Gender Justice was established in Kerala to exert pressure on the state government to adopt a “progressive” stance. The establishment of this organisation was sparked by reports indicating that the Pinarayi Vijayan government consulted a dozen orthodox Muslim groups and is considering submitting an affidavit in support of the continuation of existing Muslim personal laws.

Interestingly, while the forum strongly advocates reforms in Muslim personal laws, particularly in inheritance laws, it also opposes the implementation of a UCC.

In April, when THE WEEK asked the CPI(M) state secretary, M.V. Govindan, he said the ideas for reforms should come from within the Muslim community itself, and that the CPI(M) has always stood for democratisation. However, it remains to be seen whether the CPI(M) will practise what they preach in this matter, especially because the party is actively wooing the Indian Union Muslim League.