The BJP has vowed to implement the Uniform Civil Code (UCC) in Jharkhand if voted to power, although it will exclude tribals from its ambit. This announcement was made by Union Home Minister Amit Shah in Ranchi on November 3. While releasing the BJP’s Sankalp Patra manifesto for the upcoming assembly elections, Shah said, “Our government will introduce UCC in Jharkhand, but it will not include tribals.” .” Shah also promised that the BJP would eliminate Bangladeshi infiltrators from Jharkhand and return all the lands they occupy to the tribal communities once in power.

The UCC has long been part of the BJP’s core agenda and was included in the party’s platform for the 2024 general elections. In Jharkhand, the BJP has placed the UCC and the issue of Bangladeshi infiltrators at the heart of its campaign electoral.

Jharkhand Chief Minister Hemant Soren, however, rejected Shah’s announcements, saying neither the UCC nor the National Register of Citizens (NRC) would be allowed in the state. His party, the Jharkhand Mukti Morcha (JMM), has been pushing for a separate Sarna code for tribal communities.

Fear of infiltrators

The issue of illegal immigration has caused considerable concern in Jharkhand, with a public interest litigation (PIL) heard in the Jharkhand High Court claiming that “Bangladeshi infiltration” is changing the demography of the region.

“There has been a drastic decline in the percentage of Scheduled Tribes (STs) in the population of Santhal Pargana between 1951 and 2011,” the Union Home Ministry said in an affidavit before the High Court, adding that “the infiltration was assessed as having taken place.” In response, the High Court ordered the state to form a commission of inquiry, expected to include central officers, to probe allegations of illegal immigration from Bangladesh.

However, on November 4, the Supreme Court agreed to hear a petition filed by the Jharkhand government challenging the High Court’s interim order.

“Bangladeshi infiltration is a serious problem for Jharkhand. Specifically, the infiltrators penetrated basic administrative levels. Many tribal women are lured into marrying these infiltrators,” said Tulu Sarkar, former head of the political science department at Ranchi University. “Once these women are elected to panchayats, they pave the way for their husbands, who are living here illegally, to enter the administration,” she explained.

The BJP’s promise to the tribals of Jharkhand is that it is the only party capable of protecting them from illegal immigration. However, Soren rejected the BJP’s claims, saying, “Jharkhand will only adhere to the Chotanagpur Tenancy Act (CNT) and Santhal Pargana Tenancy Act (SPT) to protect tribal culture and land rights.” »

UCC in brief

The UCC is mentioned in Article 44 of the Principles of State Policy Directive. The proposal aims to create uniform laws for personal matters, such as marriage, divorce, inheritance and property rights, which would apply to all Indian citizens, regardless of their religion, gender or sexual orientation. The BJP has always called for uniformity in family law, arguing that the existence of different personal rights in a secular state undermines the principle of equality.

In recent years, the party has become more sensitive to the need to support the backward classes and Dalits. At the same time, he realized that to attract tribal votes, he had to ensure the protection of India’s diverse tribal cultures. BJP-ruled states like Uttarakhand and Assam, which have implemented the UCC, have exempted tribal communities from its provisions, demonstrating respect for their unique traditions.

This selective approach has also exposed the BJP to criticism from the opposition, who say the UCC aims to abolish Muslim personal laws rather than promote coherence across all faiths.
“At present, each religion follows its own personal law: shastras for Hindus, sharia for Muslims, etc. Given such diversity, the UCC could be a welcome step towards establishing balance in society,” says Sarkar. “Given the pitiful condition of women in all religions, gender reform is also one of the reasons why the UCC is desirable,” she adds.

The Sarna Code

So far, the BJP’s socio-political strategy in Jharkhand has been to bring the tribals into the Hindu fold. The Sarna Code directly challenges this situation by promoting a distinct tribal religious identity. However, the JMM’s pitch for the Sarna Code worked in its favor in the 2024 Lok Sabha elections, where the INDIA alliance secured all five reserved ST seats in the state. The BJP seems to have learned lessons from this setback and has softened its stance on the Sarna Code.

In Jharkhand, by keeping tribes outside the ambit of the UCC, the BJP ensured that the identity and culture of tribal communities would be preserved. In fact, the BJP went further to suggest that it would consider the long-standing demand for a Sarna code from some tribal groups. Shah said if elected, the BJP would deliberate on a separate Sarna code for the tribals during the decennial census.

As election day approaches, the BJP and JMM are likely to intensify their rhetoric on the UCC, Bangladeshi infiltrators and the Sarna issue. Whether these issues resonate with voters will be revealed on November 23, when the results are announced.

(The author is Editor-in-Chief, NDTV)

Disclaimer: These are the personal opinions of the author