The Modi government proposes to create a Uniform Civil Code to formulate and implement personal laws of citizens regardless of their religion, sex, gender and sexual orientation. What are the big hurdles in making such a law?
Our Bureau
New Delhi
In a major political development, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on Thursday called a meeting on the Uniform Civil Code (UCC) during which it said it will hear the views of stakeholders. The committee led by BJP Rajya Sabha MP Sushil Modi informed all the 31 MPs and members of the committee that their views on UCC would be sought and considered at the meeting on July 3.
“Members are reminded that the next meeting of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice will be held at 03.00 PM on Monday, July 3, 2023,” read a release on the committee’s agenda.
Further, the committee stated, “To hear the views of representatives of the following organizations on public notice issued by the Law Commission of India on June 14, 2023, inviting views from the various stakeholders on the Uniform Civil Code, under the subject ‘Review of Personal Laws’.”
Putting forward a strong argument in favor of uniform laws for people across communities, Prime Minister Narendra Modi on Tuesday said the country cannot be run with “two laws” when the Constitution talks about equality for all. “Will a family function if there are two different sets of rules for the members? How will a country run then? Our Constitution, too, guarantees equal rights to all irrespective of religion caste and creed,” PM Modi said.
The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply to all citizens equally regardless of their religion, sex, gender and sexual orientation.
Currently, the personal laws of various communities are governed by their religious scriptures.
Also, on June 14, the Law Commission of India solicited the views and ideas of the public and recognized religious organizations to examine the Uniform Civil Code.
Meanwhile, Justice Rituraj Awasthi Chairman of the Law Commission said that they have got a huge response over Uniform Civil Code after the communication of the notice by the Law Commission. “We have got a huge response over UCC after the publication of the notice by the Law Commission of India. Till yesterday, we have received 8.5 lakh responses,” he said.
“Uniform Civil Code (UCC) is not a new issue, the reference was received in 2016, and one consultation paper was released in 2018. From 2018 to November 2022, the Law Commission was not functional. In November 2022, appointments were made and this matter was taken up and we have been working on that”, added Justice Rituraj Awasthi.
He also said that they are making efforts to have wide consultations with all the stakeholders and the organization. “We are making efforts to have wide consultations with all the stakeholders and the organization,” Justice Awasthi said.
On June 14, the Law Commission sought the views of the public and religious organizations. Amid a raging debate on the need to introduce uniform laws for every citizen of the country. The Commission solicited the views and ideas of the public and recognized religious organizations to examine the Uniform Civil Code. The Law Commission has given 30 days to the respondents to present their views.
But as Prime Minister Narendra Modi’s strong endorsement of the uniform civil code (UCC) brought it back to the spotlight, Shiromani Akali Dal leader Daljit Singh Cheema said that implementation of UCC will affect the civil rights of minorities and unrest and tension will start in the country.
Cheema said that the 21st Law Commission has already opined in its consultation report that UCC is neither desirable nor feasible. “SAD is of the firm view that implementation of UCC is not in the interests of the minorities in the country. The 21st Law Commission has already opined in its consultation report that UCC is neither desirable nor feasible. Implementation of UCC will affect the civil rights of minorities and unrest and tension will start in the country,” Cheema said on Wednesday.
On the other hand, National Conference leader Farooq Abdullah on Thursday said that Muslims have their own Shariat Law and the center should think about any possible storm that would come if they implement it.
“They (The central government) should think that the country is diverse, people of all religions live here, and Muslims have their own Shariat law. They should think about any possible storm that would come if they do that (implement UCC),” he added.
However, Union Minister V Muraleedharan on Thursday said that Uniform Civil Code (UCC) will not curtail the rights of any section and people should not fall prey to the political designs of Congress and CPI(M) over this issue.
V Muraleedharan said, “I don’t understand why any person from the Muslim or Christian community should feel perturbed about the statement of PM Modi on UCC. It is there in the Constitution. UCC will not curtail the rights of any section. Don’t fall prey to the political designs of Congress and CPI(M).” He further stated that there is no ban on religious practices under Uniform Civil Code.
“There is no bar on practice, promotion, propagation of the religion. Understand the law and constitution and also cooperate with the government to implement the constitution to ensure that there is equality for everyone,” he said.
Earlier, Aam Admi party extended support to Uniform Civil Code (UCC) stating that there should be wide consultation with all religions, political parties and organizations. AAP leader Sandeep Pathak said, “We support Uniform Civil Code (UCC) in principle as Article 44 also says that there should be UCC in the country. Therefore, there should be wide consultation with all religions, political parties and organizations and a consensus should be built.”
In a related development, while speaking to reporters in Pune on Thursday, Nationalist Congress Party (NCP) Chief Sharad Pawar said the Central Government should give reservation to women before thinking about the Uniform Civil Code (UCC).
Sharad Pawar said, “Recently, Prime Minister Modi spoke about Uniform Civil Code. Our view in UCC is that the Central government has given this issue to the Law Commission and it has sought proposals from various organizations.” “As of now, the Commission has received 900 proposals. I have no idea what is mentioned in those proposals, they did not make it public. Law Commissions, like responsible institutions, should study and work on the proposal/suggestion given to them,” Sharad Pawar added.
He further said, “The second thing in UCC is that the stand of Sikh, Jain and Christian communities should be cleared. I am worried about one thing, I heard that the Sikh community has a different stand. I am collecting more information but I have heard that the Sikh community is not in favor of UCC. The stand of this community cannot be ignored.”
While addressing a press conference on Thursday, NCP supremo Sharad Pawar said the NCP would make their stand clear only after considering all these factors.
He also said a meeting of NCPs national leaders took place in Delhi on Wednesday.
The Opposition has reacted largely by calling it a ” vote bank” politics while All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi and asked PM whether the government is considering ‘stripping the country of its pluralism and diversity?’ “India’s PM considers India’s diversity & its pluralism a problem. So, he says such things… Maybe India’s Prime Minister doesn’t understand Article 29. Will you strip the country of its pluralism & diversity in the name of UCC? Owaisi said.
Referring to the failure of succeeding governments to “secure” the UCC for its citizens despite the codification of the Hindu law in 1956, a Division Bench of the Supreme Court in 2019 had told the state to “endeavor” and bring the common code. The court had said that “despite the exhortations of this court in the case of Shah Bano in 1985, the government has done nothing to bring the Uniform Civil Code”.
PM’s statement triggered a nationwide debate as several opposition leaders have accused PM Modi of raising the UCC issue for political gains ahead of the upcoming elections. Congress leaders accused PM Modi of using the UCC issue as a diversion tactics from real problems like inflation, unemployment and the situation in Manipur.
Another Congress leader Venugopal asserted that PM Modi rarely addresses incidents like the violence in Manipur and urged him to address concerns regarding poverty, inflation, and unemployment before focusing on other matters.
“He (PM) should first answer about poverty, price rise and unemployment in the country. He never speaks on the Manipur issue where the whole state is burning. Manipur is burning for the last 60 days. He did not speak a word about it nor did he appeal for peace. He is just distracting people from all these issues. We’re not going to fall for that,” KC Venugopal said.
With his emphatic endorsement of UCC, Modi has sparked a debate that will definitely dominate the headlines in the weeks and months to come.
