The parliamentary panel on law on Monday held a meeting of the personnel, public grievances, law and justice departments on the issue of the Uniform Civil Code (UCC) in New Delhi.
The UCC means one law which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption, maintenance, etc.
The standing committee headed by Bharatiya Janata Party (BJP) MP Sushil Modi called representatives of the Law Commission and the law ministry on a recent notice issued by the law panel, seeking views of stakeholders on the issue.
The Law Commission representatives present at the meeting spoke in detail about their findings and the consultation paper in 2018, which had stated there was no need for the UCC. The representatives told the members that the public consultation had received an overwhelming response with more than 19 lakh responses so far and the consultation will start on July 13.
Apart from Sushil Modi, present at the meeting were Congress MPs Manickam Tagore, Vivek Tankha and Jasbir Gill, BJP MP Mahesh Jethmalani, BJP MP Ramesh Pokhriyal Nishank, Shiv Sena UBT MPs Sanjay Raut and Rajan Vichare, DMK’s P Wilson, YSR MP Niranjan Reddy, among others.
The officials who attended the meeting included K Biswal, Member Secretary, Law Commission; KR Saji Kumar, additional secretary, legislative department, Sunita Anand, joint secretary of dept of legal affairs, among others.
POLL POSITION?
Several members asked why the government was in a hurry to bring in this legislation. MPs from the Congress, Dravida Munnetra Kazhagam (DMK) and Bharat Rashtra Samiti (BRS) asked “if this was done, keeping the upcoming Lok Sabha elections in mind”.
The government, according to sources, said that this was not a poll issue. “Previously, the commission’s report or the consultation paper did not give any recommendations and had nothing to implement it. The report which is currently being looked at will also have recommendations.”
Sources privy to the development said the Uddhav Thackeray faction of Shiv Sena continued to support the legislation, however, hoping that the government does not use it as a poll issue in 2024.
FOR THE N-E
MPs from the Congress also raised concerns about the impact of such a legislation in northern states such as a border state of Punjab. A few MPs, including the panel chairman, also questioned the impact of such a legislation on tribals and North-Eastern states which have their unique identity, “That should not be impacted as per Schedule 6. In any case for north-eastern states like Mizoram and Nagaland, no decision of the Centre can be implemented without being ratified by the state assembly,” sources told News18.
If it does not apply to all, then the whole purpose of making a uniform code is defeated, argued some opposition MPs.
‘STATES’ POWERS, DISCRIMINATION’
Some opposition MPs argued that such a legislation would rob the states of its powers. “India is a diverse nation, having religious, cultural and linguistic diversity like none other. As per a report, India is home to 398 languages, out of which 387 are actively spoken and 11 are extinct. Even within Hinduism, there are several sub-cultures, each with their own unique identity, tradition and customs. If you take one set of personal laws and apply it with brute force to all religions, sub-sects and denominations, it would destroy their uniqueness and diversity,” a DMK Rajya Sabha MP wrote in his letter to Sushil Modi.
“The Commission has rightly noted that it is discrimination and not difference which lies at the root of inequality and. therefore, has suggested potential legislative action in the form of ‘codification and amendment’ of personal laws to redress the complexities involved in Uniform Civil Code. Seen in that perspective, the consultation paper is a first step as it tries to reconcile Fundamental Right to Equality with Right to Freedom of Religion. The consultation paper states that while dealing with the issue of Uniform Civil Code, Constitution of India, as a whole, it must be borne in mind as Uniformity will come in conflict with many provisions of the Constitution of India. In particular, the Sixth Schedule and provisions contained in articles 371 (A) to (I) of the constitution. It emphatically states that while dealing with the issue it must be kept in mind that all articles of the Constitution of India have to be given effect to, to avoid the utra vires of the same,” wrote Vivek Tankha, a noted lawyer and Rajya Sabha Member of Parliament from the Congress in his letter to Sushil Modi.
