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By:

Abhijit Mulye

21 August 2024 at 11:29:11 am

Govt assures swift UCC implementation

Mumbai: Maharashtra government unequivocally declared its commitment to implementing the Uniform Civil Code across the state, assuring the legislative assembly that a comprehensive legal framework is already in the advanced stages of formulation. Minister of State for Home Yogesh Kadam categorically stated on the floor of the House on Tuesday that the ruling Mahayuti administration is entirely positive about the swift introduction of the Uniform Civil Code to standardize personal laws. To...

Govt assures swift UCC implementation

Mumbai: Maharashtra government unequivocally declared its commitment to implementing the Uniform Civil Code across the state, assuring the legislative assembly that a comprehensive legal framework is already in the advanced stages of formulation. Minister of State for Home Yogesh Kadam categorically stated on the floor of the House on Tuesday that the ruling Mahayuti administration is entirely positive about the swift introduction of the Uniform Civil Code to standardize personal laws. To facilitate this monumental legislative transition, the state government has formally sanctioned the constitution of a dedicated expert committee, which is being spearheaded by a retired High Court judge. This committee has been entrusted with the critical responsibility of meticulously preparing the draft bill for the Uniform Civil Code, which the government intends to enact immediately upon the submission of the final report. Emphasising the overarching objectives of the proposed legislation, Kadam noted that the Uniform Civil Code would universally apply to every citizen irrespective of their religious affiliations and would explicitly incorporate a stringent ban on the controversial practice of polygamy. The minister drew direct parallels with the legislative measures recently adopted by states like Uttarakhand, underscoring that the impending law in Maharashtra would similarly entail severe penal consequences, potentially including imprisonment for up to seven years for violations related to polygamy and illegal divorce practices. He firmly maintained that the government’s approach is fundamentally secular, harboring no animosity toward any specific religion, but is rather driven by the constitutional imperative to extend equal rights, legal protection, and comprehensive justice to women from all communities. This definitive policy assurance from the government was catalysed by a highly volatile calling attention motion initiated by BJP legislator Devyani Farande, which thrust the deeply sensitive issues of triple talaq and polygamy into the center of the assembly’s monsoon session. Farande brought the ongoing plight of Muslim women to the immediate attention of the House, asserting that despite the central government’s strict legislative prohibition, the illegal practice of instant divorce continues to flourish unabated.

Caste-based Census Sparks Nationwide Debate

Updated: Oct 22, 2024

Caste-based Census

Caste-based identities continue to dominate rural India, directly or indirectly shaping electoral outcomes. Many major elections are influenced by specific caste groups. After the Bihar government released the first phase of its caste-based socio-economic survey, the caste census became a hot topic. The results, backed by evidence, showed improvements in the living standards and social status of marginalised communities, both in cities and villages. With parties like the JDU and NCP backing a caste census, there is growing momentum for the government to conduct one. However, every story has two sides—joy and sorrow. Even Mahatma Gandhi, the Father of the Nation, raised concerns about the caste census.

Rahul Gandhi accused the BJP of being “anti-Bahujan.” The clear meaning is that his father and forefather refused to execute a caste-based census, which might have far-reaching effects and even permanently fracture India’s social fabric. This may be negative for caste-based beneficiaries. The last caste census in India was conducted in 1931 by the British government. Those times were different from the present scenario. The data was made public and became the basis for the Mandal Commission Reports and reservation policies for Other Backward Classes. Rashtriya Swayamsevak Sangh (RSS) has clarified that the caste-based population count data will not be used for core politics. But the agenda for politics is always twisted and expanded.

The Central Government also joined the legal debate by filing an affidavit with the Supreme Court, leaving the matter unresolved. India’s partition, rooted in the divide-and-rule strategy, is frequently cited as a cautionary tale. Including caste in official census data could further deepen social divides. This issue has become a political pressure point, with various states pushing the Centre for action. Although the Constitution uses the term “class” instead of “caste,” the Supreme Court has consistently ruled that caste is a relevant, and at times, sole or dominant criterion for defining a backward class.

After the release of caste-based census data in Bihar, discussions around conducting similar censuses have gained momentum in states like Rajasthan, Chhattisgarh, and Jharkhand. Karnataka, which has already conducted its own caste census, may release its data soon as well.

Notably, all these states are governed by anti-BJP parties. Congress leader Rahul Gandhi also announced that Congress-ruled states have committed to carrying out caste censuses. Meanwhile, the BJP has remained silent on the matter, creating a significant roadblock.

Caste-based censuses focus on proportional representation in areas like jobs and education, with the argument that this will aid in targeted planning for the disadvantaged. However, the situation remains unclear, much like a foggy winter morning. The BJP’s stance on caste-based censuses and reservations seems different, as they fear the caste-based calculations could fragment their traditional Hindu voter base—an underlying concern for the party.

Professor Sanjay Kumar from The Centre for the Study of Developing Societies, says, “Let alone the BJP; no party can openly oppose it; it is not free from danger. BJP gets a large number of votes from the OBC community, their population across the country would be around 52%. Another downside is that the caste-based censuses could disrupt the balance of socio-economic zones. Data theft is a common issue in government systems, and people may feel disconnected from their actual rights.

The moot question is that if the financial status of an ST/SC/OBC or Dalit citizen moves up by a few notches, will his social status change automatically? The lifestyle of any class will only change when the income of a particular class is changed. The actual source of income is employment. The reality is that only metro cities have enough place and space for workers. Aside from the GIDC and IT sectors, less than 30% of industries have their own designated vacancy periods. After a decade, the Jamnagar and Rajkot Corporations have opened their doors to newcomers alongside experienced staff. However, age and caste bias often operate behind the scenes. It’s important to recognise that poverty is also widespread among many upper-caste individuals, and their needs cannot be overlooked. In the overall interests of the nation, terms like SC/ST/OBC, Dalits, etc. must be deleted from the nation’s vocabulary. Every citizen should have only one classification, that of being an ‘Indian’, in the spirit of the constitution.

Last year, when the Bihar government decided to conduct a caste survey in the state, the BJP was also Nitish Kumar’s partner in the state government, and it supported it. Political expert and former professor of Tata Institute of Social Science, Pushpendra Kumar, says, “It is not that the BJP does not talk about caste. It tries to reveal the caste of the Prime Minister as well. For caste politics, the BJP also tried hard to raise the issue of Pasmanda Muslims.”

(The writer is a management professional based in Ahmedabad. Views personal.)

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