New Delhi: Law minister Arjun Ram Meghwal was asked in parliament yesterday (July 25) what the government’s response was to the 21st law commission’s views on a proposed uniform civil code (UCC), but his reply did not exactly answer the question.
Communist Party of India (Marxist) MP John Brittas, who represents Kerala in the Rajya Sabha, asked if the government proposed to introduce a UCC and whether it intended to rely on the proposed report of the 22nd (the most recent) law commission on the subject.
He also asked “whether it is a fact” that the 21st law commission referred to a UCC as “neither necessary nor desirable” in a 2018 report and, if so, what the government’s response was to this evaluation.
Meghwal said Article 44 of the constitution provides that the state would endeavour to secure a UCC for Indian citizens and that “in view of the importance of the subject matter and the sensitivity involved”, the law commission was asked to make recommendations on a UCC.
He went on to add that the 21st law commission “did not submit any report” – instead, what it did do was “[upload] a consultation paper titled ‘Reforms of Family Law’ on its website”, Meghwal clarified.
In its consultation paper, the commission said it had “dealt with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage [sic]”.
But Meghwal did not address the commission’s remarks, instead moving on to say that the 22nd law commission “considered it prudent to debate afresh on the subject” in June last year and therefore solicited views from various stakeholders on issues pertaining to a UCC.
The UCC is a proposed single set of laws that would uniformly govern personal matters, including marriage, divorce and inheritance, across India’s different religious communities.
It is one of the ideological standpoints of the BJP, which says that different property and matrimonial laws for people of different religions and denominations are an “affront to national unity”. It has relied on Article 44 to push its view.
In its election manifesto this year – as well as in its 2019 and 2014 ones – the BJP has “reiterate[d] its stand” to draft a uniform civil code.
Critics of a UCC say it would threaten the religious freedom and identity of minorities.
The 22nd law commission solicited the views of the public and of “recognised religious organisations” about the UCC for a month starting on June 14 last year.
When asked in July last year if the government was moving toward enacting a UCC and if so, what the modalities of this would be, Meghwal referred to the law commission’s soliciting of views and that “therefore the question of modalities does not accrue at this stage”.
The 21st law commission said in its consultation paper that “while [the] diversity of Indian culture can and should be celebrated, specific groups, or weaker sections of the society must not be dis-privileged in the process.
“Resolution of this conflict does not mean abolition of difference,” it said before making its “neither necessary nor desirable” remark.
It added: “Most countries are now moving towards recognition of difference, and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy.”
