The Law Commission’s recent move to solicit views and ideas from public and religious organisations about the Uniform Civil Code (UCC) has brought the issue to the forefront again.
The UCC aims to bring in a common set of laws to govern marriage, divorce, succession and adoption for all Indians. The framers of the Constitution recognised the need for uniform personal laws, but placed it in the Directive Principles of State Policy. In Article 44, they wrote that the State “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
The Supreme Court has called for the implementation of the UCC in various judgments, including the famous Shah Bano case of 1985. It reiterated its stand in the Sarla Mudgal judgment (1995) and in the Paulo Coutinho vs Maria Luiza Valentina Pereira case (2019). In 2018, the 21st Law Commission recommended the State to study and rectify discriminatory practices within any religion and its personal laws. Now the 22nd Law Commission is revisiting the matter.
Proponents say UCC can ensure gender equality; opponents argue that minority rights will be threatened.
Matters relating to marriage, divorce, inheritance, adoption need to be changed to suit the times. While reforming laws it is the government’s responsibility to ensure rights are equal across communities and religions. It is indeed a tough task, given the plurality of religious practises. Lawmakers will have to consider aspects like providing same rights to sexual minorities.
The government’s track record in passing landmark legislation is quite poor: Bills are passed due to its brute strength. This should not be the case here. Parliament needs to debate the issue – no haste, please. A consensus is needed; this is far more important than an election cycle.
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