Opinion | Why BJP's Uniform Civil Code Pitch May Work For It In Jharkhand

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

The UCC has long been part of the BJP's core agenda and was included in the party's manifesto for the 2024 general election. In Jharkhand, the BJP has made the UCC and the issue of Bangladeshi infiltrators central to its election campaign.

Jharkhand's Chief Minister, Hemant Soren, however, rejected Shah's announcements, asserting that 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 advocating for a separate Sarna Code for tribal communities.

Fear of Infiltrators

The issue of illegal immigration has sparked considerable concern in Jharkhand, with a Public Interest Litigation (PIL) being heard in the Jharkhand High Court, which claims that "Bangladeshi infiltration" is altering the region's demographics.

“There has been a drastic decline in the percentage of Scheduled Tribes (STs) in Santhal Pargana's population between 1951 and 2011,” the Union Ministry of Home Affairs stated in an affidavit before the High Court, adding that “infiltration has been assessed to have taken place”. In response, the High Court ordered the state to form a fact-finding committee, which should include central officers, to investigate the 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, infiltrators have penetrated the grassroots levels of administration. Many tribal women are lured into marrying these infiltrators,” said Tulu Sarkar, former head of the Department of Political Science 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 being overtaken by illegal immigration. However, Soren has dismissed the BJP's claims, stating, “Jharkhand will adhere only to the Chotanagpur Tenancy (CNT) and Santhal Pargana Tenancy (SPT) Acts to protect tribal culture and land rights.”

UCC In Focus

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

In recent years, the party has become more attuned to the need to support backward classes and Dalits. At the same time, it has realised that in order to attract tribal votes, it must 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, showing respect for their unique traditions.

This selective approach has also left the BJP open to criticism from the opposition, who argue that the UCC is aimed at abolishing Muslim personal laws rather than promoting consistency across all faiths.
“At present, each religion follows its own personal law—shastras for Hindus, sharia for Muslims, and so on. Given such diversity, the UCC could be a welcome step towards establishing balance in society,” says Sarkar. “Considering the pitiable condition of women across all religions, gender reform is also one of the reasons why the UCC is desirable,” she adds.

The Sarna Code

Until now, the BJP's socio-political strategy in Jharkhand has been to integrate tribals into the Hindu fold. The Sarna Code directly challenges this by promoting a separate tribal religious identity. However, the JMM's pitch for the Sarna Code worked for it 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 from this setback and has softened its stance on the Sarna Code.

In Jharkhand, by keeping tribals outside the scope of the UCC, the BJP has assured that the identity and culture of tribal communities will be preserved. In fact, the BJP has gone a step further by suggesting it will consider the long-standing demand for a Sarna Code from some tribal groups. Shah stated that, if elected, the BJP would deliberate on a separate Sarna Code for tribals during the decennial census.

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

(The author is Contributing Editor, NDTV)

Disclaimer: These are the personal opinions of the author