UCC - Parliamentary panel discusses keeping tribals, NE out of UCC’s ambit

  'Keep tribals out': Parliamentary panel discusses UCC with Centre, law commission
Parliamentary panel discusses keeping tribals, NE out of UCC’s ambit
By
Utkarsh Anand
, Deeksha Bhardwaj
Jul 04, 2023 12:25 AM IST
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According to people familiar with the matter, the BJP, Shiv Sena, Shiv Sena (UBT) and Bahujan Samaj Party leaders supported UCC
New Delhi The Law Commission of India on Monday sought to make a case before a parliamentary panel that the issue of a Uniform Civil Code (UCC) in the country be examined afresh, even as some Opposition parties, including the Congress, Dravida Munnetra Kazhagam (DMK) and Bharat Rashtra Samithi (BRS), questioned the move to renew consultations despite the commission’s view in 2018 that UCC is “neither necessary nor desirable at this stage”.

Expert committee members during an open dialogue on Uniform Civil Code implementation in New Delhi on June 14. (ANI)

The head of the parliamentary panel on personnel, public grievances and law and justice -- Bharatiya Janata Party member Sushil Kumar Modi -- made a pitch for keeping tribal communities and the northeastern states out of the ambit of any proposed UCC and noted that the Constitution allowed some exceptions for certain groups to help them follow their customs. It was also pointed out in the meeting that central laws are not applicable in some northeastern states without their concurrence. A number of tribal groups in central India and in the Northeast have protested against any push for UCC, expressing concern that their unique customs and traditional laws would be wiped out.

According to people familiar with the matter, the BJP, Shiv Sena, Shiv Sena (UBT) and Bahujan Samaj Party leaders supported UCC.


Hindustan Times


The meeting of the parliamentary standing committee, the first after the law panel initiated the consultation process on UCC, was held to hear the views of representatives of the commission and the legal affairs and legislative departments of the law ministry. Seventeen of the 31 MPs in the panel attended this meeting that saw Congress and DMK leaders questioning a June 14 notice by the Law Commission that solicited views and suggestions on UCC from the public at large and recognised religious organisations.

Congress MP Vivek Tankha and DMK MP P Wilson submitted separate written statements questioning the move by the Law Commission, which was represented in the meeting through its member-secretary Khetrabasi Biswal. Rejecting the need of a fresh debate over UCC, the MPs referred to the Consultation Paper issued by the 21st Law Commission in 2018. The paper stated that UCC was “neither necessary nor desirable at this stage” and recommended that existing family laws across religions required to be amended and codified to tackle discrimination and inequality in personal laws. While supporting the views adopted in the 2018 Consultation Paper, the MPs also questioned the timing of the 22nd Law Commission’s move, linking the push for UCC to the 2024 Lok Sabha polls. Other Congress MPs, Manickam Tagore, Jasbir Singh Gill and Kuldeep Rai Sharma, also questioned the timing of the government to bring up UCC.

People cited above said that the member-secretary of the Law Commission gave a detailed presentation on the exercise undertaken by it on UCC and tried to clarify that the statements in the 2018 consultation paper could not be construed as recommendations or final views of the Law Commission on a common civil code in India.

Biswal added that consultation paper was one of the last reports submitted by the 21st Law Commission, led by former Supreme Court judge, justice BS Chauhan. There was no Law Commission in place for more than four years after the term of the 21st Law Commission ended on August 31, 2018. It was also pointed out that since more than three years have been lapsed from the date of issuance of the said Consultation Paper, the commission deemed it appropriate to commence the consultation process afresh in view of the relevance of the subject and various court orders relating to UCC, those in the know of the matter said. The parliamentary panel was informed that the Law Commission has received 1.9 million suggestions while the previous panel had received 75,000 views on UCC.

At the meeting, Shiv Sena, Shiv Sena (UBT), and BSP supported UCC. Shiv Sena (UBT) MP Sanjay Raut added a caveat that the push for UCC should not be a political move ahead of next year’s Lok Sabha polls.

According to the people mentioned above, the departments of legal affairs and legislative will submit their views to the parliamentary panel in writing.
UCC essentially means a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance and succession for all citizens of the country, irrespective of religion. Currently, different laws regulate these aspects for adherents of different religions and UCC is meant to do away with these inconsistent personal laws.

Article 44 of the Constitution, which is one of the Directive Principles of State Policy, lays down that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. However, directive principles, as Article 37 clarifies, are not enforceable by courts.

UCC has created a lot of political heat ever since the Law Commission sought views from the stakeholders. Implementation of UCC has been part of BJP election manifestos, and Prime Minister Narendra Modi while addressing BJP workers in Bhopal last month made a strong push for it. Asking how the country can function with dual laws that govern personal matters, Modi accused the Opposition of using the UCC issue to “mislead and provoke” the Muslim community.