New Delhi, Feb 6: The Congress on Thursday said a uniform civil code can only come about after widespread discussion with the objective of building a genuine consensus and cannot become a political instrument designed to keep the country in a state of “permanent polarisation”.
The opposition party’s assertion comes days after the BJP government in Uttarakhand implemented the Uniform Civil Code (UCC) in the state and the Gujarat government formed a committee under a retired Supreme Court judge to assess the need for the UCC in the state as well as prepare a draft bill for the same.
Congress general secretary in-charge communications Jairam Ramesh said the Uttarakhand UCC is a poorly drafted piece of legislation that is highly intrusive.
“It is not an instrument of legal reform in the slightest as there is nothing that addresses the actual concerns expressed with regard to family law over the last decade. It has been forcibly imposed as an integral part of the BJP’s divisive agenda,” Ramesh said in a statement.
Noting that the Gujarat government has announced the formation of a panel to formulate a uniform civil code to be introduced in the state, Ramesh said this comes after the Uttarakhand government recently enforced a uniform civil code in that state that, however, exempts scheduled tribes.
The 21st Law Commission appointed by the Modi Government had submitted its 182-page ‘Consultation Paper on Reform of Family Law’ on August 31, 2018, he said.
“Para 1.15 of that consultation paper states the following: ‘While diversity of Indian culture can and should be celebrated, specific groups, or weaker sections of society must not be dis-privileged in the process. Resolution of this conflict does not mean abolition of all differences.
“‘This Commission has therefore dealt with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage. 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’,” Ramesh pointed out.
Subsequently, in a press note published on June 14, 2023, the 22nd Law Commission of India notified its intention to examine the subject of a uniform civil code, he said.
“This was being done, the press note clarified, on a reference sent by the Ministry of Law and Justice. However, the 22nd Law Commission was wound up on August 31st 2024 without submitting its report on the uniform civil code.The 23rd Law Commission was announced on September 3rd, 2024, but its composition has not yet been made public,” he said.
Ramesh said the Constituent Assembly, while agreeing to what became Article 44 in the Constitution of India, could not have envisaged a large number of uniform civil codes passed in state legislatures in a piecemeal manner.
“Multiple uniform civil codes go against the very idea of what Article 44 states as a uniform civil code throughout the territory of India. A uniform civil code as envisaged in Article 44 can only come about after widespread debate and discussion with the objective of building a genuine consensus,” he said.
It cannot become a political instrument designed to keep the country in a state of permanent polarisation, Ramesh asserted.
The BJP government in Gujarat on Tuesday formed a committee headed by a retired Supreme Court judge to assess the need for the UCC in the state and also draft a bill for the same.
The five-member committee, to be headed by former SC judge Ranjana Desai, will submit its report within 45 days, following which a decision about implementation of the UCC will be taken, Chief Minister Bhupendra Patel said.
The BJP-ruled Uttarakhand last month became the first state in India to implement the UCC, which promotes equal laws for every citizen across all religions and standardises personal laws on marriage, divorce and property. (PTI)
