The BJP proposal to enact a Common Civil Code in replacement of the ex — Uniform civil code

"First of all, they assume that India is a secular state, which it is not. Every secular state on earth by definition observes equality before the law for every citizen regardless of religion. India, by contrast, has different family law systems (marriage, inheritance) depending on one’s religion, e.g. Muslim men can immediately impose a divorce while all others have to pass judicial procedure (thus also causing discrimination by gender for Muslim men vs. Muslim women). Moreover, it has arrogated the right to reform Hindu law, while it passively abides by the other law systems, e.g. it has abolished Hindu polygamy but continues to allow Muslim polygamy. So, it discriminates between religions. It extends those discriminations legally and constitutionally to the fields of education (where minorities are privileged over the Hindus) and places of worship (where politicians plunder Hindu temple funds while respecting those of churches and mosques, sometimes even financing these out of Hindu temple funds). (Ch 13)"

"A Common Civil Code has been a long-standing demand of the Jana Sangh-BJP, and therefore it is deemed a “communal” demand. However, anyone outside the ambit of Indian secularism, anyone who can see through its veil of fallacies, would call this a secular demand. Indeed, it is enjoined in the Directive Principles of the Indian Constitution. To be more precise, the Nehruvians sidelined this demand by only giving it a place among the non-enforceable Directive Principles, but at least it forms part of the Constitution. The Supreme Court has asked the Government to report on its steps towards a Common Civil Code, a request gone unanswered by the past two Congress Governments. Equality of all citizens before the law regardless of religion, hence a Common Civil Code, is a defining trait of all secular states."

"Then there is the matter of the separate civil code for the minorities. Marriage and inheritance laws are, perhaps on top of some sacramental dimension, quite secular matters. Recognizing and institutionalizing inequality between the citizens of India in these secular matters on the basis of their religion is definitely a case of constitutional communalism. Or rather, let us not be too harsh on the Constitution itself, for it does call on the law-maker to eventually abolish the religion-based law systems. It is political communalism on the part of the parties that refuse to implement the constitutional provision for the eventual enactment of a common civil code."

"Genuine secular states have equality before the law of all citizens regardless of religion. By contrast, India has different civil codes depending on the citizens religion. Thus, for Christians it is very hard to get a divorce, Hindus and Muslim women can get one through judicial proceedings, and Muslim men can simply repudiate their wives. The secular alternative, a common civil code, is championed by the Hindu nationalists. It is the so-called secularists who, justifying themselves with specious sophistry, join hands with the most obscurantist religious leaders to insist on maintaining the present unequal system. Likewise, there exists a legal inequality in matters of temple management, pilgrimage subsidies, special autonomy for states depending on their populations religious composition, and the right to found religious schools; and this inequality is defended by the so-called secularists because it is invariably to the disadvantage of the Hindus. The Hindu nationalists favour the secular alternative of equality regardless of religion."

"In the BJP statements of the last few years the most prominent communal item is the Common Civil Code demand; but pushing that one would be a grave mistake. True, this is an impeccably secular concern, amounting to no more than the implementation of the existing Article 44 of the Constitution.But precisely for these reasons, this initiative should be left to the secularists, whose inaction on this point is a permanent measure of their dishonesty. There are excellent arguments against polygamy and unilateral talaq, but nobody will believe the BJP if it says that it was concerned about the plight of Muslim women."