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New Delhi: The Modi government’s thrust on a Uniform Civil Code (UCC) and the possibility that tribals may not be excluded from its ambit has brought to the fore differences of opinion not just within the ruling Bharatiya Janata Party (BJP), but also between the party, its ideological mentor — the Rashtriya Swayamsevak Sangh (RSS) — and the party’s allies, ThePrint has learnt.
Sources in BJP told ThePrint that there was fear that implementation of UCC could dent the party’s prospects not just in this year’s Chhattisgarh, Rajasthan and Madhya Pradesh assembly elections, but also in the 47 parliamentary seats reserved for Scheduled Tribes (STs) in next year’s general elections.
In the 2019 Lok Sabha elections, the BJP won 31 of the 47 seats, while the Congress won four. “It is not clear whether the government is looking at larger polarisation or merely testing the waters. But we know the fate of the CAA-NRC [Citizenship Amendment ACT-National Register of Citizens], so it (UCC) is a gamble,” said a BJP leader from the tribal community, who has also served as a minister in Chhattisgarh.
A senior tribal leader of the BJP added on condition of anonymity, “Any misgiving at election time can be counterproductive. It can damage more than just leading to polarisation among communities and should be handled with the utmost care.”
The Akhil Bharatiya Vanvasi Kalyan Ashram (ABVKA), a tribal welfare outfit backed by the Rashtriya Swayamsevak Sangh (RSS), too did not seem to be on the same page as the BJP over the renewed push for a UCC and whether to include tribals within its ambit.
According to an ABVKA functionary, a total of 730 tribes in India are protected under various constitutional provisions. “Among tribals, there is a tradition of early marriage. If a UCC were to be implemented, it may affect a spouse’s right to inheritance. For inheritance, different practices are observed in the northeast, in Jharkhand,” he said.
ABVKA secretary Atul Jog, meanwhile, said he favoured the suggestion made by BJP MP Sushil Kumar Modi — chairman of the parliamentary standing committee on the law. The Rajya Sabha MP earlier this week suggested that tribals be excluded from the ambit of UCC.
“Although we have not received any draft Bill (for UCC), we are gathering the views of members of our community to be able to submit them before the Law Commission. There are many concerns about the rights and customs of tribals, which are protected under the Constitution and cannot be disturbed. The government will have to look into it,” Jog said.
Playing down the concerns, however, BJP national spokesperson Guru Prakash Paswan said, “Law is made through democratic process and the Law Commission is holding elaborate consultations to take in everybody viewpoints. Those who have any concerns are welcome to give their feedback. But many political parties are opposing UCC to get political brownie points and are misguiding tribals.”
Following Prime Minister Narendra Modi’s endorsement of the UCC at a public meeting in Bhopal last week, the BJP pressed into action government machinery at its disposal to draw a roadmap for the implementation of a Uniform Civil Code before the 2024 Lok Sabha polls.
The consultation process initiated by the 22nd Law Commission, which will then submit a report to the government, is said to be in advanced stages.
At the same time, a panel headed by Justice Ranjana Prakash Desai (retd) tasked with drafting a Uttarakhand Uniform Civil Code draft Bill is said to be in the final stages of submitting its report to the BJP-ruled state government. On Tuesday, Uttarakhand CM Pushkar Singh Dhami held a closed-door meeting with PM Modi, a day after Justice Desai (retd) and Dhami met Union Home Minister Amit Shah reportedly in this regard.
BJP national president J.P. Nadda too held consultations with party leaders ahead of the Monsoon Session of Parliament set to begin on 20 July.
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BJP, tribals & opposition to UCC
In India, according to central government data, 10.4 crore tribals account for approximately 8.6 percent of the population. Tribals make up an estimated 30.6 percent of the populace in Chhattisgarh, 26.2 percent in Jharkhand, 21.1 percent in Madhya Pradesh, 14.8 percent in Gujarat and 13.5 percent in Rajasthan. A total of 487 assembly seats are reserved for the community across 19 states, said BJP sources.
The rights of tribals, except those living in Assam, Meghalaya, Tripura and Mizoram, are protected under the Fifth Schedule of the Constitution.
While tribals account for more than 68 percent of the population in a number of northeastern states, their customary laws about marriage and inheritance differ from one region to another.
For instance, in Meghalaya — a matrilineal society — a woman is seen as the head of the family and the youngest daughter inherits the ancestral property. Among members of the Garo tribe, a married couple lives in the home of the wife, while in the case of Nagas, a woman’s right to inheritance is subject to restrictions if she marries outside her clan.
And in Jharkhand, where Santhals make up a large part of the tribal population, polygamy and polyandry are still practised.
BJP sources said a campaign by the Opposition to “misguide” tribals on UCC could offset gains the party has made among the tribal community ahead of key assembly elections and the Lok Sabha polls.
The party nominating Droupadi Murmu as the NDA’s candidate for the presidential elections, appointing Babulal Marandi as chief of the party’s Jharkhand unit and finding a place for Arjun Munda in the Union Cabinet, are widely perceived to be a part of the BJP’s tribal outreach.
It also made efforts to put tribal icons on the national map, decided to celebrate 15 November each year as ‘Janjatiya Gaurav Diwas‘ to mark the birth anniversary of freedom fighter Birsa Munda and placed emphasis on the implementation of the Panchayats (Extension to the Scheduled Areas) Act in various states.
On the issue of a UCC, NDA constituents who have advised the BJP to tread with caution include the AIADMK, All Jharkhand Students Union (AJSU), Mizo National Front (MNF) and National People’s Party (NPP). Moreover, opposition to the implementation of a UCC among the BJP’s allies in the Northeast, where tribals make up a significant chunk of the total population in multiple states, could spell trouble for the party’s presence in the region.
In a letter he wrote to the Law Commission, dated 4 July, Mizoram CM Zoramthanga said his party, the MNF, believed that a UCC was ‘in conflict with the religious and social practices of the Mizos, as well as their customary law protected under Article 371G of the Constitution’.
Earlier this month, Meghalaya CM Conrad Sangma — whose party, the NPP, is also a BJP ally — had said that a “UCC is against the idea of India”.
Former BJP ally Shiromani Akali Dal (SAD) has questioned the need for a UCC, while the All India Muslim Personal Law Board (AIMPLB) has opposed the proposal altogether and opposition parties have either extended ‘in-principle’ support or adopted a ‘wait and watch’ stance with the caveat that wider consultations are needed before its implementation.
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‘Tribals vote on emotion, don’t read Twitter’
In Chhattisgarh, where the BJP was wiped out in the tribal-dominated Bastar and Surguja areas in the 2018 assembly elections, the chief of its state tribal morcha said tribals should be kept out of the ambit of a UCC.
“The day PM Modi spoke about UCC in Bhopal, Chhattisgarh CM Bhupesh Baghel accused the BJP of trying to snatch away the customs and traditions of the tribals. They (Congress) will try to mislead people and we have communicated our concerns to the party,” Vikas Markam told ThePrint. Adding that the rights of tribals are protected under various provisions in the Constitution, he said one should not interfere with these safeguards.
In the 2018 assembly polls, the BJP won only three of the 29 seats (in a House of 90) reserved in Chhattisgarh for STs.
A senior tribal leader of the BJP from the state said the party lost in Bastar in 2018 owing to a “huge misinformation campaign that was initiated in Madhya Pradesh, Chhattisgarh and Jharkhand about the BJP gearing up to bring in a law that would snatch away the rights of tribals to forest land”.
“Tribals vote on emotion. They don’t read Twitter. Our communication system is weak, misinformation spreads like wildfire. We should be careful. Our constituency can be damaged without us having done anything wrong. We are living in the times of narrative, anybody can create a narrative to destroy trust,” said the leader, a former state minister.
In Madhya Pradesh, many RSS affiliates have met CM Shivraj Singh Chouhan to caution him about how opposition parties could damage the BJP’s prospects in the state with a ‘whispering campaign’ focused on UCC.
The BJP won 16 of the 47 seats (in a House of 230) reserved for tribals in the 2018 assembly polls in the state as against the 31 it managed to win in 2013.
Kalsingh Bhabhar, head of the state BJP’s tribal morcha, told ThePrint that he was optimistic about the central government not bringing in any law which could lead to a state of confusion among tribals. “The government is working day and night for the welfare of tribals. The CM is visiting the tribal belt every third day. But it is true that our opponent could create confusion to win seats in tribal-dominated areas,” he said.
In Rajasthan, another state which will go to the polls later this year along with Chhattisgarh and Madhya Pradesh, the BJP is confident that PM Modi will respond to any misinformation campaign spread about a UCC. “Many have jumped in to oppose UCC without even looking at a draft Bill. Do you think PM Modi will bring in a law which is not beneficial for tribals? If the Congress starts a misinformation campaign, the PM will respond. People trust his words,” said state BJP tribal morcha chief Jitendra Meena.
The BJP won nine of the 25 seats (in a House of 200) reserved for STs in Rajasthan in the 2018 assembly elections.
In Jharkhand, where polls are not due until later next year, several tribal organisations — under the banner of Adivasi Samanwai Samiti — held demonstrations earlier this month to protest the central government’s thrust on the implementation of a UCC.
Former state minister Geetashree Oraon, who was with the Congress until last year, alleged that a UCC could “pose a threat to the existence of tribals and their customary laws”. Oraon, a member of the Adivasi Samanwai Samiti, told ThePrint that various tribal outfits have decided to come together to mount a campaign to stop the implementation of a UCC.
On the demonstrations, Shivshankar Oraon, chief of the state BJP’s tribal morcha said, “Some political parties have started a campaign to create confusion among tribals. Every election, they do similar things. We have to be cautious and the government must ensure that there is no confusion.”
Oraon added that although the BJP in Jharkhand is assuring people that the rights of tribals are protected under the Constitution and that their customary laws cannot be disturbed, “people can take advantage of malicious misinformation campaigns”.
In the 2019 Jharkhand assembly elections, the BJP won only two of the 28 seats (in a House of 81) reserved for STs, compared to the 11 seats it won in 2011. Party sources said the appointment of Raghubar Das, a non-tribal, as the chief minister in 2014 may have further dented the BJP’s prospects in the state.
However, sources in the central government maintained that the customary laws of tribals cannot be changed. “We are aware of such concerns, which is why feedback is being sought from various stakeholders. In the Northeast, Kiren Rijiju himself is handling the issue,” said a senior BJP leader in Delhi.
BJP ST Morcha national president Samir Oran, meanwhile, said those raising concerns about a UCC impacting the customs of tribals are “engaging in politics to create confusion”.
“Anti-national forces want to take advantage,” he added.
(Edited by Amrtansh Arora)
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