Uniform Civil Code to What End?

It has now become a kind of judicial custom for the apex court of the country to periodically call upon the government of the day to introduce a uniform civil code. On the face of it, the call for a uniform civil code is quite unexceptionable. It also enjoys constitutional backing as Article 44 of the Indian Constitution calls upon the state to “endeavour to secure for the citizens, a uniform civil code throughout the territory of India.” A modern democratic society must guarantee some basic rights to all its citizens and there cannot be any dispute about the relevance of a progressive civil code in this context. But it is equally important to recognise that the question of a uniform civil code has become a major political controversy in our national life – so much so that the BJP has had to leave it out of the NDA’s agenda, bracketing it with two of its other trademark issues like Ayodhya and Article 370 – and understand the underlying reasons.

Article 44 is part of a group of constitutional provisions stipulating what are known as the “Directive Principles of State Policy.” It is well known to any person familiar with the Indian Constitution that the Constitution makes a basic difference between rights declared ‘fundamental’ and principles proclaimed to be mere ‘directive’ by definition. The latter are not enforceable by any court. And this is why constitutional commentators describe these principles as nothing more than a set of pious platitudes.

The notion of a uniform civil code is one of these platitudes and it has a whole set of eminent neighbours like ‘right to adequate means of livelihood and equal pay for equal work for both men and women’ (Article 39), ‘right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement’ (Article 41), ‘a living wage and conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities to all workers, agricultural, industrial and otherwise’ (Article 43), ‘free and compulsory education for all children until they complete the age of fourteen years’ (Article 45), to name only a few. It would be interesting to find out how many times the apex court of India has taken the state to task for not fulfilling these other constitutional obligations.

Article 44 gets a special treatment precisely because it has the potential of being used as a stick to beat the minority communities with. In the 1995 verdict the bias of the Supreme Court judges was quite palpable when they said since “more than 80 % of the citizens have already been brought under the codified personal law there is no justification whatsoever to keep in abeyance, any more, the introduction of (a uniform civil) Code.” In fact, they went on to insinuate that Muslims and Christians were doing a disservice to the cause of national unity by not accepting a uniform civil code. While Hindus, Sikhs, Buddhists and Jains have “forsaken their sentiments in the cause of national unity and integration, some other communities would not, though the Constitution enjoins the establishment of a common civil code for the country”, the judges observed. In the latest judgement too, Chief Justice VN Khare has sought to push the idea on the ground that “A common civil code will help the cause of national integration by removing the contradictions based on ideologies.”

This whole notion of a uniform civil code dedicated to the service of national unity and integration smacks of a strong majoritarian and anti-democratic bias. Naturally it cannot but fuel the fear that a UCC would only amount to ‘Hinduisation’ of all personal laws and hence we see a strong opposition to the code from the minority communities. And let us not lose sight of the fact that we are living in times when the demolishers of the Babri Masjid and perpetrators of the Gujarat genocide are in power, when minority-bashing on any pretext has become the reigning religion of the republic.

The minority communities, especially Muslims, are often accused of being anti-women and their opposition to or fears about a UCC are described as yet another anti-women stance on their part. We cannot forget that every attempt to introduce social reforms affecting the so-called Hindu tradition has always been met with stiff resistance from different quarters of Manuvadis and male chauvinists. Even now they grudge the ‘sacrifice’ that has been forced on them and given a slight chance they would like to take us to a world which guarantees the worst of both the dark ages and the modern times where sati, bride-burning, female foeticide and infanticide and all kinds of dress and behaviour codes would be the norm for women. Are the minority communities responsible for repeatedly holding back the women’s reservation bill?

Instead of a uniform civil code, the focus must therefore be on securing progressive personal laws. And history teaches us that social progress cannot be imposed from above, it always has to be fought for and secured from within.

Long Live the Glory of Charu Mazumdar

What significance does remembering Comrade Charu Mazumdar carry today?

Around four decades back, in 1965, Comrade Charu Mazumdar said in his article “Present Situation and Our Tasks”, the first of his celebrated Eight Documents: “The Indian bourgeoisie has failed to find a way out of its inner crisis…. They have no other way but to import British-American imperialist capital in order to extricate themselves from this crisis. It is due to this dependence on imperialism that the internal contradiction of capitalism is bound to aggravate. Under the instruction from American imperialism and in the face of its internal crisis, the Indian bourgeoisie could find no other way but to annihilate democracy.” For the crackdown on the communists that was taking place in 1965, Comrade Charu Mazumdar accused American intervention: “Behind these arrests there was a clear instruction from imperialism, because those days the American police chief McRight was in Delhi, and it was following his advice that this crackdown took place.” However, he asserted: “The more the Indian government depended on imperialism, the more would it be incapable of resolving the crisis. People’s discontent will rise day by day and the internal contradiction of the bourgeoisie will also aggravate.” The prophecy of Charu Mazumdar’s words came true shortly afterwards and the whole country was engulfed by a great revolutionary storm, which from its womb gave birth to the great Naxalbari struggle.

Historical situations do not just repeat themselves, but similar situations do arise at different historical junctures, with all changed actors. Today FBI has its office in Delhi and the Indian government gets POTA passed in Indian Parliament under the American instruction and in line with the USA Patriot Act. Things have certainly gone worst, because now Indian government no more swears by the policy of non-alignment, it takes a long time to pass a resolution against American aggression on Iraq. Worst still, even after passing such resolution the government, instead of rejecting it outright, considers the American “request” to send an army contingent to Iraq to operate under the US command for crushing the Iraqi people’s struggle against foreign occupation forces!

When the Indian ruling classes were busy crushing the first dress rehearsal of Indian revolution in the post-independence era, Comrade Charu Mazumdar wrote in 1971: “It is the most pious duty of every Indian to arouse intense hatred against these cowards, these servants of foreign powers, these killers. … These hangmen are the enemies of Indian people, enemies of progress, they are the servants of foreign powers. Without finishing them off it is not possible to achieve the liberation of Indian people.” The assertion is completely true even today.

For even today these hangmen hatch conspiracy to kill thousands of innocent Muslims in Gujarat, sow communal discord to weaken the unity of the people of the country and, on the other hand, open the most vital sectors of our economy and defence to the intrusion of multinational capital’s plunder. Hundreds of poor and landless people are killed by the goons of feudal Ranvir Sena and the government offers these killers patronage to save them from the wrath of the people.

Comrade Charu Mazumdar nurtured an unswerving optimism about Indian revolution but he never lost sight of its complexities. “Only by waging a protracted and arduous struggle can the revolution be made victorious in this country, because this vast country of 50 crore people (in 1967 - Ed.) is a strong base of imperialist powers. … With the victory of revolution in India, the day of collapse of imperialism will draw very near. Therefore they will come forward to stop the revolution in this bastion of reaction and this is very natural. In these conditions it is nothing but a daydream to think of an easy victory. Still the victory will only be ours, because ours is a country of 50 crore people, and spread over a vast territory. Therefore the imperialists and revisionists cannot stop the revolutionary movement even by summoning all their might.”

Indian revolution has taken many twists and turns since this prophecy of Comrade Charu Mazumdar. Following his death Party was scattered, a great setback had already set in. But soon the Party got reorganised, revolutionary forces regrouped themselves and in a process overcame the crisis to face the new, changed situation, and made necessary changes in the tactics. True to Comrade Charu Mazumdar’s optimism, revolutionary movement could not be crushed to death by the reactionaries, and like the mythical phoenix, it rose from the ashes.

Charu Mazumdar had said, “The guarantee of raising the struggle to a higher plane lies in formation of Party on the resolute class basis. … If Party remains alive, the struggle will always be there and the struggle will reach to a higher plane.” Thus he laid utmost emphasis on not only keeping the Party alive but making it prepared to lead the forthcoming upsurges. And such a Party must be “politically united Party” which can raise the struggle to a higher plane.

On the 31st anniversary of martyrdom of Comrade Charu Mazumdar, let us rededicate ourselves to the cause of Indian revolution and pledge to build a politically united Party that would lead the forthcoming upsurge of Indian masses against imperialism, US imperialism in particular, and its Indian lackeys, the communal fascists. Let the memory of Comrade Charu Mazumdar forever inspire our hearts to boldly march on to realise his unfinished dream.

AIPWA Protests Govt. Bid to Scuttle Women’s Bill

AIPWA organised a nationwide campaign and protest all over the country on July 25 against the anti-woman attitude of the NDA Government and its deliberate bid to scuttle the Women’s Bill in the name of absence of consensus. In Delhi, a massive ‘March to Parliament’ was organised in which hundreds of women from UP, Rajasthan, Punjab, MP and Delhi participated. The rallyists assembled at Ramlila Maidan and marched through a long stretch in the sweltering heat to reach Parliament Street. A six-member delegation of the organisation handed over a memorandum to the President of India demanding his immediate intervention to get the Women’s Reservation Bill passed in its original form.

The rallyists crossed the barricade, hundreds of women climbed up and crossed over, to court arrest. The rally then turned into a mass meeting, which was addressed by AIPWA general secretary Kumudini Pati, Mewa Bharati from Rajasthan, Ajanta Lohit and Susheela from UP, Anita from MP, Jasbir from Punjab, Savita Singh from Delhi and Kajek Tokbipi, President KNCA as well as Kavita Krishnan, President AISA. The meeting was presided over by AIPWA President Srilata Swaminathan and conducted by Delhi secretary Sunita. CPI(M) Rajya Sabha member Chandrakala Pandey and Amarjit Kaur, National Secretary of AITUC as well as ex-GS of NFIW also addressed the meeting. Ranjana Kumari of the Joint Action Forum for Women and Lata Singh of Saheli expressed their support.

The meeting demanded that the Women’s Bill be passed in its original form in the Monsoon session of Parliament. Speakers rejected the proposal of dual-member constituencies and said that reducing the percentage of reservation would not be accepted as 33 per cent was necessary if there had to be participation in the decision-making. The concept would only reduce women to mere “appendages” or “extras” in the institutions.

The AP unit of AIPWA held a mass rally and meeting at Vijaywada in which more than 250 women participated and which was led by com. R. Nagamani. Rallyists had come from Guntur, Krishna and East Godavari districts. In Patna, a state-level mass rally of more than 500 women was held. The rally converged in a mass meeting. The women’s wing of the CPI, Bihar Mahila Samaj also participated. In Guwahati, a state-level mass rally and dharna was organised. About 500 women participated and a memorandum was sent to the President of India. The rally was led by Kanaklata Dutta. In Diphu, Karbi Anglong, too a rally and mass meeting were organised. The WB unit sent a memorandum signed by several woman leaders to the President. Though it had been first decided that all state units would participate in the March to Parliament, later it was decided that the protest would be decentralised to ensure greater participation during the busy agricultural season.

CPI(ML) Protests Imposition of TADA on 16 Activists

The CPI(ML) called for a statewide protest day on July 24 against the imposition of TADA on 16 of its activists and leaders in Jehanabad district. The protest-day witnessed widespread response and condemnation of the state govt. Hundreds of activists held out a demonstration in Patna, while massive dharnas were organised at Arah, Darbhanga, and Gaya. Various programmes were also taken at Jehanabad, Dehri-on-Sone, Samastipur, Pusa, Bhabhua, Bihar Sharif, Mairwa, Darauli, Muzaffarpur, Dumrao, Gopalganj and many other places. It is a paradox that draconian TADA (Terrorist and Disruptive Activties Act), repealed long back, still continues and being used by the govenrments to repress the popular voices of the masses and their leaders making a mockery of justice.

The CPI(ML) activists were framed in false cases by the police long back in 1988 after the infamous Bhadasi police firing in which the police had let loose its reign of terror in Arwal killing three IPF-CPI(ML) activists and injuring many. One Police Inspector had also died in this incident. Later many CPI(ML) activists were picked up by police and false cases were imposed on them.

The Party has moved an adjournment motion in the Bihar Assembly and asked for detailed discussion on this issue. The speaker has directed the concerned Minister to give an statement in the house. CPI(ML) MLAs also held a protest in front of the Asembly and on July 28 they started an indefinite dharna in fornt of the Chief Minister’s office inside the Assembly. This forced the CM to convene a meeting of CPI(ML) MLAs along with the Speaker and the Home Minister to discuss this issue. The dharna was called off after an assurance of ‘positive steps’ to resolve this issue was given by the govt., however CPI(ML) MLAs declared to continue their boycott of the house till charges under TADA are withdrawn against all the activists.

This is a glaring example of how ruling RJD govt. represses the forces leading democratic and popular movements in the state. One of those now facing TADA, comrade Shah Chand, is the Mukhia of Bhadasi panchayat, member of Jehanabad-Arwal Vakf Board and State Secretary of Inquilabi Muslim Conference. He was also CPI(ML) candidate from Arwal assembly constituency during last Assembly Elections while Tribhuvan Sharma is a senior leader of the Party. Some other activists like Mahendra Chaudhary, Roopnarayan, Nanhe Rajbansi, Ajit Kumar and Shyam Chaudhary (all are in jail) were of 12-15 years of age when this case was framed. One more saddening fact is that Vakil Ram, who has now been acquitted had to face fifteen years behind bars for no crime he had committed.

It is possible to lift TADA under section 321 of CRPC and, ironically, it has been lifted from many persons in Jehanabad district and one such ‘beneficiary’ is Ramadhar Singh, dreaded ring leader of Swarn Liberation Front who perpetrated massacres at Sawanbigha and Barsimha where 16 innocents were killed. But still very few selected cases under TADA continue, most of them involving CPI(ML) activists. The Party has demanded withdrawal of all cases under TADA in the state and to stop misuse of this black law on movemental forces and has launched a statewide agitation. Protests will be held throughout the state on July 30. It has also been planned to call for a statewide Bandh in case the TADA is not withdrawn.

REPORTS FROM STATES

1. The Bihar Pradesh Khet Mazdoor Sabha’s Darbhanga unit organised dharnas on July 25 in all blocks in the district and demanded immediate relief to the flood affected people and guarantee of work for at least 160 days in a year to agricultural workers who are severely affected by the floods in the region. Demands for appropriate wages and distribution of residential land plots to the agri. workers were also raised on the occasion.
2. The agri. labourers’ organisation held a militant gherao of the Block Development Officer of Bahadurpur Block in Darbhanga, when he came to visit the Devkali panchayat on July 23, and forced him to sanction remaining amount of an Indira Awas Yojana Fund. Earlier the BDO has refused to sanction the money for want of bribe. This enraged the poor villagers whose gherao created enough pressure on the corrupt official to sanction the pending amount on the spot in the village.
3. CPI(ML) organised a dharna in Lakhimpur-Kheri in UP on July 26 to protest the continuing police repression on dalits and agri. labourers in the district. Party will also hold a demonstration in state capital on the same issue on August 4. Various other political parties in the district have also lent their support to this movement.
4. In Mysore, Friday Forum and CPI(ML) jointly organised a public programme on July 20 to discuss serialised articles written by Prof. G.H.Nayak on the Dalit Movement in the state and dalit struggles. The meeting was chaired by Prof.Umapathi. The speakers and the participants recalled the glorious period of dalit movement during 1975-1985, issues before the dalit movement and need for going beyond the constitutional framework of dalit movement.
5. The annual GBM of IPSS Security Mazdoor Union concluded on July 25 in Delhi. The union has resolved to go for a confederation of security workers in Delhi and demanded the govt. to form a Security Board to address the specific problems of this sector.
6. In protest against the introduction of Capitation fees and the massive fee hike in the medical colleges in West Bengal, AISA held a 48 hour mass-hunger-strike of students from July 23 to July 25 at the Calcutta University Main Campus Gate, students from campuses including J.U. and Medical College Calcutta, took part in it. Leaders of MCDSA, AIDSO, PCSA and WB Medical College student action committee came to offer solidarity to the programme. The mass-hunger-strike was formally ended by Dr. Debasish Dutta, the former leader of Junior Doctor’s movement. AISA declared its plan to intensify the movement to a higher level if the government does not withdraws massive fee hike and capitation fee.
7. RYA held a protest demonstration at Aah in Bihar and burnt the efiggy of Power Minister of Bihar to protest the inadequate power supply and nonfunctional electric transformers. While Arrah unit of AISA protested increased perks of minister and MLAs in Bihar and burnt efiggy of the Chief Minister.
8. Special membership campaign of Samkalin Lokyudh is being conducted in Bihar. To this end, a special team has been organised to acomplish the task and quotas have been fixed for various committees, leaders and mass organisations. This campaign is also facilitating the organisation in developing new contacts from among intellectuals, students, youth, and employees.
9. CPI(ML) Condemns Police Crackdown on AISA Activists in Lucknow: The UP police has brutally cracked down on peacefully protesting students led by AISA in Lucknow University Campus on July 26 and arrested 22 AISA activists. The movement was going on for last many days by students of Lucknow University against hike in tuition and hostel fees, compulsory mess charges for the hostlers and other demands. The CPI(ML) state committee has condemned this brutal attack on students and manhandling and torture of AISA state president in police custody and demanded immediate action against involved police personnel.

   Hundreds of Lucknow University students were taking out a march towards Raj Bhavan, which was stopped by the police at Hazaratganj where it converted into a dharna. The students were ready to court arrest, but police struck suddenly and started raining lathi-blows without any warning. On July 24, an AISA delegation handed over a six-point memorandum to the Governer Vishnu Kant Shashtry, when he visited the University Campus, who assured them to take action within 24 hours. This march was taken out in protest to the breach of this assurance.

   After the lathi-charge massive police deployment was made in the campus which looked like a Police camp. As the news of lathi charge on AISA activists spread in the whole campus, hundreds of students came out from hostels and organised protest in front of Proctor’s office. AISA has decided to organise statewide protest-day on July 28 against police atrocity and to intensify its agitation till all arrested students are released.