UCC - Union minister of state for law and justice Arjun Ram Meghwal

 Fresh consultation on UCC due to its importance: Meghwal to House

BySaptarshi Das

Jul 22, 2023 12:24 AM IST

The government also said that the commission has extended by two weeks, from July 14 to 28, for submission of views

New Delhi: The Law Commission’s view in 2018 that a uniform civil code (UCC) is “neither necessary nor desirable at this stage” was a part of a consultation paper and not a report, and the panel is now seeking fresh ideas and opinions from public and religious groups on the matter, the Union government said on Friday.

Arjun Ram Meghwal (Hindustan Times)

UCC refers to 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 the UCC is meant to do away with these inconsistent personal laws.

In 2018, the 21st Law Commission of India came out with a consultation paper which said that UCC was “neither necessary nor desirable at this stage”. Last month, the Commission set about to examine the issue afresh as it solicited views and suggestions on UCC from the public and recognised religious organisations.

In response to a series of queries on the implementation of UCC, including the suggestion of the 21st Law Commission, by several Lok Sabha members during the ongoing Monsoon session of Parliament, Union minister of state for law and justice Arjun Ram Meghwal said the recommendation was part of a consultation paper and no report was submitted in this regard since then.

“The 21st Law Commission of India had issued a consultation paper on ‘Reform of Family Law’ on 31.08.2018, however, it had not submitted any report,” Meghwal said.

“Since more than four years have lapsed from the date of issuance of the said Consultation paper, the 22nd Law Commission decided to solicit views and ideas of the public at large and religious organisations on 14.06.2023, bearing in mind the relevance and importance of the subject matter and also various court order on the subject of uniform civil code,” he added.

Meghwal said the term of the 21st Law Commission ended on August 31, 2018, and the 22nd Law Commission took up the reference on UCC for consideration and solicited views and ideas of the public at large and recognised organisations

The government also said that the commission has extended by two weeks, from July 14 to 28, for submission of views.

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 UCC throughout the territory of India. However, directive principles, as Article 37 clarifies, are not enforceable by courts.

States such as Uttarakhand, Uttar Pradesh, Madhya Pradesh and Gujarat have set up committees to examine UCC.

Many opposition parties, activists and communities have opposed UCC, which is perceived by some as a ploy to erase minority practices and rituals. Several tribal communities and sects within the larger Hindu faith have also opposed a common code.

The issue got a fresh fillip on June 27, when Prime Minister Narendra Modi, in an address to BJP booth workers in Madhya Pradesh, said that Muslims were being misled in the name of UCC. “These days, people are being provoked by the UCC. You tell me, if there is one law for one person in a home, and another law for another person, can that house function?” he asked.

“Then how can a country work with such a hypocritical system? We have to remember that even the Constitution of India talks of common rights,” he added.