Interview/ Sushil Kumar Modi, chairman, Parliamentary Committee on Law and Justice
SUSHIL KUMAR MODI, the BJP’s Rajya Sabha MP and chairman of the Parliamentary Standing Committee on Law and Justice, says he is confident about the feasibility of bringing in the Uniform Civil Code. In an exclusive interview with THE WEEK, Modi says there is misinformation about the UCC, and no logically thinking person can oppose it. As regards the focus on the Muslim society in the debate, he says not enough initiative has come from within the community to reform its personal laws. He, however, feels that the tribal communities should be kept out of the ambit of the UCC. Excerpts from the interview:
Q/ There is a huge debate going on about the UCC.
A/ The issue was debated in the Constituent Assembly, and it was decided that it should be included in the Directive Principles. The expectation was that the state would bring in the UCC in the near future. Even when the Hindu Code Bill was introduced, which was the biggest set of reforms in family laws for the biggest community in the country, there was opposition from within the society. There will be opposition to social reforms because the tendency is to maintain the status quo. Ambedkar had introduced the bill, but was not able to pass it in the face of strong opposition, and he resigned. The Hindu Mahasabha had opposed it. Before the Hindu Code Bill, polygamy was allowed among Hindus. The legislation made that unlawful. And it provided women with property rights. The changes could be brought about only after a struggle.
There is an argument that the reforms should be initiated within the community. In Muslim society, efforts towards reforms have been inadequate. I am talking about the Muslim community since it is the biggest among the minority communities. Christians and other communities are much smaller.
Q/ There are voices from minority communities that the UCC will impinge upon their freedom to practise religion.
A/ There is misinformation about the UCC. It will, of course, not have any impact on the rituals, like how marriages are solemnised. It will cover family laws. For example, whether polygamy should be banned for all, or, for divorce, can there be a common set of norms and procedures. Because, at present, there are differences with regard to laws governing divorce matters between religions, on maintenance and on norms guiding adoption and inheritance. I don’t think that if these laws are reformed and are made gender just, any logically thinking person can oppose it. If births and deaths are registered, why should there be a problem in registering a marriage? One can conduct a marriage in line with traditional rituals and customs and then get it registered as per law.
Q/ How do you view the opposition to the UCC from tribal communities, especially in the northeast?
A/ This is my personal view. The tribals in the northeastern states have been provided legal sanctity for their traditional laws under the sixth schedule of the Constitution. In these areas, there is vast diversity in customs and rituals and laws between the tribes. Some of them have a matriarchal system in place. In some areas, after marriage, it is the groom who shifts to the wife’s home. I personally feel that the tribal communities should be kept outside the ambit of the UCC and I will try to convince the party leadership about this.