UCC: Law Commission Seeks Fresh Views From Public, Religious Outfits

At a time when a debate has raged across the country on the need to introduce uniform laws applicable to each and every citizen to make India truely 'secular', the 22nd Law Commission of India has come up with a notification seeking views and suggestions on Uniform Civil Code (UCC) from the general public, the recognised religious organisations and other stakeholders.

In the public notice published on its website today, the Commission has asked the respondents to send in their views and ideas to the link mentioned in the notice or mail them to [email protected] within 30 days' time.

"The 22nd Law Commission of India decided again to solicit views and ideas of the public at large and recognised religious organisations about the Uniform Civil Code. Those who are interested and willing may present their views to the Law Commission of India within a period of 30 days from the date of notice," the notice read.

The Commission is presently headed by former Karnataka High Court Chief Justice Ritu Raj Awasthi. The notice mentioned that after the reference dated June 17, 2016, was sent by the Ministry of Law & Justice, the 22nd Law Commission of India has been examining the subject matter of Uniform Civil Code.

"Initially, the 21st Law Commission of India had examined the subject on Uniform Civil Code and solicited the views of all the stakeholders through its appeal along with a questionnaire dated 7.10.2016 and further public appeals/notices dated 19.3.2018, 27.3.2018 and 10.4.2018. In pursuant to the same, overwhelming responses have been received by the Commission. The 21st Law Commission has issued the consultation paper on "Reforms of Family Law" on 31.8.2018," said the notice.

Due to the passage of over three years since the consultation paper was issued and considering the significance and relevance of the subject matter, as well as the various court orders related to it, the 22nd Law Commission deemed it necessary to reexamine the subject through fresh deliberations, the notice clarified.

The consultation paper had opined that a Uniform Civil Code was "neither necessary nor desirable at this stage" and recommended that existing family laws across religions required to be amended and codified to tackle discrimination and inequality in personal laws. It was one of the last reports submitted by the 21st Law Commission led by former Supreme Court judge B.S. Chauhan, as per a report published Hindustan Times.

A Uniform Civil Code essentially means a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance and succession for all citizens of the country, irrespective of religion. Currently, different laws regulate these aspects for adherents of different religions and a Uniform Civil Code is meant to do away with these inconsistent personal laws.

Article 44 of the Constitution, which is one of the Directive Principles of State Policy, lays down that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India. However, Article 37 clarifies that the Directive Principles are not enforceable by the courts.