India revives debate over Modi promise to replace religion-based laws ahead of 2024 polls
- Drafting a new civil code featured prominently in Modi’s manifestos in last 2 national elections and is a key, unfulfilled part of its Hindu nationalist agenda
- Currently, matters of marriage, divorce, adoption and inheritance are governed by multiple religious and customary laws – often regressive and patriarchal
A federal advisory panel has initiated new consultations on replacing India’s religion-based marriage and inheritance laws with a uniform civil code, reviving a controversial campaign promise of Prime Minister Narendra Modi’s ruling party ahead of general elections next year.
The Law Commission has sought comments from the general public and religious organisations over next 30 days, according to a public notice on Wednesday. “Bearing in mind the relevance and importance of the subject and also the various court orders on the subject, the 22nd Law Commission of India considered it expedient to deliberate afresh over the subject,” it said.
Drafting a new civil code has featured prominently in Modi’s Bharatiya Janata Party election manifestos in the last two national elections and is a key but unfulfilled part of its Hindu nationalist agenda.
Critics have voiced concerns the push for uniform civil laws could become part of the BJP’s majoritarian social push. The government has championed the end of some Islamic laws like polygamy but done little to address the inequities meted out to Hindu women under their religious code such as the division of matrimonial assets and child support after divorce.
Currently, matters of marriage, divorce, adoption and inheritance are governed by multiple religious and customary laws. The drafters of India’s independent constitution had laid out that a uniform civil code should eventually replace these often regressive and patriarchal laws.
Successive governments since then have stayed away from amending these laws for fear it will anger voters belonging to the Hindu majority as well as the minority Christians and Muslims because of the perceived clash with their fundamental right to practice their faith. The constitutional amendment will require the approval of parliament.
A previous round of public consultations on the issue in 2018 ended without consensus. However, the BJP’s ideological parent, the Rashtriya Swayamsevak Sangh, has remained focused on the creation of a uniform civil code for decades.
