The widely discussed uniform civil code has recently been in the news quite frequently owing to the differing viewpoints that scholars, as well as the general population, have about the law. The Uniform civil code is essentially a proposal that will allow the government to establish a single uniform personal law for every citizen of India regardless of religion, gender, and caste in matters of marriage, divorce, succession, adoption, and inheritance. What makes it complicated and interesting at the same time is the huge diversity that is present in India when it comes to customary practices and culture. So, it is natural that the question arises as to whether this law is applicable in a country that carries such unique diversity and whether tinkering with the age-old constitution will cause ripple effects among many other minority castes and communities.
Although the implementation of the UCC and its effects on the Muslim community or any major religion has been widely debated by media outlets, what has not been covered is how smaller communities will be affected by it. One such community that the policymakers need to keep in mind while designing the laws is the Lingayat community. The Lingayat community is one of the oldest in India with its population predominantly residing in the southern state of Karnataka, where it plays a crucial role in the political landscape of the state. Although the community is considered a sect of Hinduism, its followers have now for a long time demanded to be recognised as a separate religion owing to the distinct practices and beliefs that are inherent to the community. Considering the influence that the community and its leaders have in the political landscape of Southern India, it is advisable for the policymakers to understand the implications that the implementation of a single uniform code would have on the Lingayat community as well as other similar groups.
The Lingayat community
Whether the implementation of the Uniform civil code will affect the Lingayat community is a question that depends on the customary practices and beliefs of the followers of the 12th-century philosopher and saint Basavanna who is commonly believed to be the propagator of the Lingayats. Although they are currently classified as a Hindu subcaste called “Veerashaiva Lingayats”, there are many practices of the community that are distinct from that of the larger Hindu religion. The fundamental and core difference that sets out the community is in its rejection of the caste system prevalent among the Hindus as well as Brahmanical ritualism and its adherence to sacred texts like the Vedas. Gender equality has also been another crucial aspect of the community since its initiation, with no restrictions whatsoever for menstruating women or widows. Women can also be chosen as a successor to head a Lingayat mutt with Neelalochana Thayi the current head of the Korneshwara Sansthan Mutt in Khajuri village in Kalaburgi, being one of the latest women to succeed a male head.
Although there are vast portions of the Hindu traditional practices that are rejected by The Lingayat community, what makes it even more complicated is the fact that there are many aspects of Hindu traditions that are closely associated with the followers of Lingayatism. Apart from these, aspects of other traditions like Jainism and Vaishnavism have also been assimilated into the community.
The present Hindu Code Bill
To understand how the uniform civil code will affect or for that matter not affect the Lingayats, one has to take a look at the current Hindu code bill which was passed in the 1950s to reform the age-old Hindu personal law. Through four separate bills viz the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act, the then government under Prime Minister Jawaharlal Nehru was successfully able to reform certain regressive sections of the Hindu personal law in order to facilitate women empowerment and also because changing times demanded modern laws as well. Perhaps in this regard, the future Uniform civil code will stay in line with the current Hindu code bill or we might even see reforms that are more welcoming of women’s affairs and their voices in general. From the perspective of the Lingayat community, it seems that there should not be any reason to fret or oppose the UCC since the community in itself is one that has always adopted a progressive approach among genders and castes as well. The fact that egalitarianism is such a core aspect of the community can be understood through the history of the Lingayat community wherein its noted that 35 of the 210 saints associated with Basava, were female, something which is very uncommon among other sects of Hinduism. Perhaps, if viewed from a women-centric point of view, the implementation of the Uniform civil code would not create any severe changes among the followers of the community or for that matter, among other sections in the vast religious landscape of the nation as well.
Members of the Lingayat community although follow similar practices to the ones of the Hindu population when it comes to marriages, they are considered to be more liberal and tolerant in matters of divorce, especially when compared to other religions and sects. Widow remarriages which are still frowned upon in certain remote areas of the country are also encouraged among its followers. This in all probability could be on account of the teaching of Saint Basavanna who even during the 12th century always encouraged the acceptance of every human as equal while continuously negating regressive practices that were prevalent during the time period.
In matters of succession, the Hindu code bill states that the property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class 1 (sons, daughters, widows, mother and grandchildren) and in an absence of class 1 heir, subsequently class 2 heirs would qualify to inherit the properties. In 2005, amendments were made that allowed daughters equal receipt of property as the sons. This again is probably something that sits well with the core beliefs of the Lingayat community considering how their practices encompass both genders equally in all matters. Although there are social aspects in matters of succession and inheritance that need addressing, these issues can be said to be relevant to society as a whole instead of a single community. Whether the uniform civil code brings about changes to the current bill is something to be wondered about and if it does, it will in most probability be progressive in nature which I believe gives no reasons for the followers of the community to oppose. An example that would be fitting of such beliefs is the Goa Civil code which allows the joint ownership of assets between a married couple as well as equal shares in cases of divorce.
Even in cases of guardianship and sharing of custody. the laws may not bring about much difference among the Lingayat community since it already comes under the Hindu code bill, which has been applicable for decades.
Political implications
Whether or not the implementation of a uniform civil code will create any political upheavals in the foreseeable future is something that will be debated amongst academicians and scholars alike. With respect to the Lingayat community, the administrators have to bear in mind the huge political influence the community has in general in the southern regions of the country. Although there is no doubt, that there will be stiff opposition from various minority religious groups and maybe even from certain sects of the broader Hindu religion, the government has to adopt a more welcoming approach when drafting the laws. Keeping in mind the role of the Lingayat community in the political landscape, a discussion with the Mutts and its leaders as well as the seers of the broader Veerashaiva Lingayat community will help in creating a smoother process and understanding of the civil code amongst the members.
Another critical topic that will arise is the debate of a separate religion for the followers of the community. The demand for a separate religion for the Lingayat community which has been in place since the 1940s is something that usually crops up during the state assembly elections in Karnataka with the Congress party even recommending to the Centre to grant religious minority status to the Lingayat community in the 2018 elections. Although it might or might not play into the issue of implementing a uniform civil code, a balanced approach that can be adopted is to include the representatives of the community as well as the religious seers and heads of the respective mutts. This will ensure that both the community as well as the policymakers will find themselves on the same page or at the least minimize any sort of opposition that could crop up.
Conclusion
It is difficult to find a well-grounded answer to the question of whether the implementation of the civil code will affect the Lingayat community in major ways since the Hindu code bill already applies to the community. The question that needs to be raised in order to understand the implications is whether the new Uniform civil code will bring about extensive changes to the current Hindu code bill or will it serve the purpose of simplifying the current complex laws around marriages, inheritance, succession, and adoptions. Although drastic changes for religious groups such as the Muslim community and Christian community might be expected, one has to wait and observe the current political as well as social landscape of the Lingayat community in order to understand how it will affect them. It would be advisable to observe how the implementation of the law might play out in the Northern states of Uttarakhand as well as Uttar Pradesh and make any required adjustments to achieve a balanced and neutral perspective keeping the Lingayat community in mind.
NOTES & REFERENCES
- Hindu Code bills: https://en.wikipedia.org/wiki/Hindu_code_bills
- Adrija Roychowdhury: https://indianexpress.com/article/research/lingayat-karnataka-hinduism-basava-veerashaivism-4982608/
- https://www.business-standard.com/about/what-is-uniform-civil-code
- Komal Rajak: https://dalithistorymonth.medium.com/the-hindu-code-bill-babasaheb-ambedkar-and-his-contribution-to-womens-rights-in-india-872387c53758
- Manu S. Pillai: https://www.livemint.com/Leisure/tZlZ7xkz1l0YyYRF98fq3J/Women-Lingayats-and-the-Hindus.html
- Prathima Nandakumar: https://www.theweek.in/news/india/2021/03/31/karnataka-in-a-first-lingayat-pontiff-chooses-female-successor.html
