It seems the long-due Uniform Civil Code (UCC), may soon be a reality. Because, the centre government is going to place the matter before the 22nd Law Commission. UCC will result in same civil laws, irrespective of religion.
The Centre has apprised the Supreme Court about the matter. Centre has responded to different petitions filed regarding UCC. Petioners are seeking uniformity in civil laws. Especially, governing matters of divorce, succession, inheritance, adoption and guardianship for all, irrespective of gender and religion.
The Centre further said the Constitution obligates the State to have the UCC for its citizens. And that people belonging to different religions and denominations following different property and matrimonial laws is an affront to the nation’s unity.
Don’t direct Legislators for legislations: Centre
However, the centre said that judiciary should not issue directions to the Legislature to enact a particular legislation.
But, the government made its intentions clear in regard with implementation of the UCC in the apex court.
“Part IV of the Constitution of India is related to Directive Principles of State Policy. Consequently, it creates an obligation upon the State. Obligation to endeavour to secure for citizens a Uniform Civil Code throughout the country under its Article 44,” it told the court.
The centre has further pointed out the motive behind Article 44. It is to strengthen the object of “Secular Democratic Republic, as enshrined in the Preamble of the Constitution.”
“This provision is provided to effect integration of India. By bringing communities on common platform on matters which are at present governed by diverse personal laws. Article 44 divests religion from social relations and personal law,” said the centre in its response.
Different laws an affront to nation’s unity
The response further said, “Citizens belonging to different religions and denominations follow different property and matrimonial laws. It is an affront to the nation’s unity. In view of the importance of the subject matter and sensitivity involved, which requires in-depth study of the provisions of various personal laws governing different communities.”
“Thus, the Law Commission of India was asked to undertake examination of various issues relating to UCC to make recommendations. Following this, the Commission examined various aspects of the issue, accepted representation from various stakeholders, and after detailed research on it, uploaded a consultation paper titled ‘Reform of family law’ on its website on August 31, 2018 “for wider deliberation/discussions. But, the the 21st Commission’s term ended on August 31, 2018. Subsequently, the ministry constituted the 22nd Commission. The government will place the matter before the 22nd Law Commission for its consideration when chairman and members of the Commission are appointed,” the centre informed the court.
When the Commission submits its report, the government would examine it in consultation with various stakeholders involved in the matter, added centre’s response.
Uttarakhand already started the process
Implementation if the UCC has been one of the major poll promises of the BJP government at the centre.
The BJP government in the Uttarakhand has already started the process. The expert committee formed by the Uttarakhand government to examine ways for the implementation of a Uniform Civil Code (UCC) has launched a website to seek public opinion on the plan.
