Two months ahead of the general elections, the BJP has rolled out the third element in its ideological trinity after Ram Mandir, abrogation of Article 370, namely, the Uniform Civil Code (UCC), in the hill State of Uttarakhand.

The idea is apparently to test waters in a small State before bringing UCC at the national level to supersede personal laws of different religious groups and communities, except the tribals. At the national level, the 22nd Law Commission is examining the issue although a consultation paper by the 21st Law Commission had recommended a series of reforms in the personal laws of all religions while maintaining that the “formulation of a Uniform Civil Code is neither necessary nor desirable at this stage”.

The desirability of a UCC has also been questioned by civil rights groups who believe that reform in personal laws that preserve diversity is a more progressive step towards the vulnerable groups, children and women. But the constitutionality of UCC is not in doubt since it is enshrined vide Article 44 in the Directive Principles of State Policy.

The BJP might benefit as the most vocal opponents of UCC will likely emerge from amongst the Muslim clergy.

The debate is already clouded by a most disturbing element in the Uttarakhand UCC which not only makes it mandatory for live-in couples to register themselves but contains criminal provisions in case of non-registration. Uttarakhand residents living elsewhere in the country have to register themselves.

Surely, it is violative of the fundamental right to life, liberty and privacy and should be struck down by the courts. If the intent of the UCC was to send a message that the government wants to provide equality and justice to vulnerable sections, especially women, this is an unfortunate start.

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