Law Commission receives 46 lakh responses on Uniform Civil Code

The 22nd Law Commission of India, which issued a public notice on June 14 inviting suggestions from the public at large on the proposed Uniform Civil Code (UCC), has till Monday (July 11) received about 46 lakh responses. The deadline to file suggestions with the Law Commission on the proposed law will end on July 13.

Quoting sources, a PTI report said that the Law Commission will hold personal hearings with some organisations and people in coming days. It has already sent invite to various stakeholders for the purpose.

The Law Commission is a consultative body constituted under the Ministry of Law and Justice to provide expert legal advice to the Union government on various issues to help the Centre frame a law. The Centre had earlier constituted the 21st Law Commission, headed by Justice Balbir Singh Chauhan, a retired judge of the Supreme Court, in 2015 to examine the issue, which had solicited the views of all stakeholders on two occasions.

However, the 21st Law Commission had, in its 180-page-long consultation paper titled “Reforms of Family Law”, found the idea of a uniform family law “neither necessary nor desirable”. The law panel rather dealt with laws that are discriminatory rather than providing a uniform civil code. It had also maintained that the existence of difference in a society does not necessarily imply discrimination but is indicative of a robust democracy.

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Its term ended in 2018 after which the Centre constituted the 22nd Law Commission, headed by former Chief Justice of Karnataka High Court Rituraj Awasthi, with specific purpose of reforming the family laws.

Fresh deliberation

“Since more than three years have lapsed from the date of issuance of the said consultation paper, bearing in mind the relevance and importance of the subject and also the various court orders on the subject, the 22nd Law Commission of India considered it expedient to deliberate afresh over the subject,” the Commission said in a “public notice” issued on June 14, soliciting opinions and comments on the UCC from the larger public.

Appearing before a parliamentary committee earlier this month, representatives of the 22nd Law Commission had defended the fresh consultation exercise on the UCC, saying that the preceding commission had brought out its suggestions in 2018 and its term had also come to an end. That is why they have begun a fresh initiative which is essentially “informational”.

The UCC, which has been part of the ruling BJP’s manifesto, stands for a common law for all citizens of the country that is not based on religion. It is likely to cover personal laws and laws related to inheritance, adoption and succession.

Modi triggers debate

Prime Minister Narendra Modi ignited the debate over the UCC when he pitched for the proposed law on June 27, even as he castigated the opposition for instigating the minority community against the law. While many opposition parties are not averse to the idea of a uniform personal law, they question the timing of the push the BJP government is giving it. With general elections due sometime in May next year, they call the move “divisive”. The CPM in Kerala is taking the issue head on by organising statewide seminars against the proposed law.

Also Read: BJP ally AIADMK reiterates stand; says will oppose Uniform Civil Code

The need for a common civil code in India has been felt on several occasions. For instance, the Supreme Court had sought a common law during the hearing of the Shah Bano case. Bano was refused alimony by her husband after he divorced her. The case had led to a severe criticism of Muslim personal laws from almost all quarters of Indian citizenry.

BR Ambedkar, the architect of the Indian Constitution, had during the course of Constituent Assembly debates on personal laws vouched for a common law acceptance of which should be voluntary.

Though many BJP-ruled states want to have a common civil code, none of them has moved to frame a law and adopt it, with one exception. The BJP-led Uttarakhand government has moved forward to frame the law after an expert committee submitted a UCC draft report last month. The draft law may also serve as a template for the Centre.

Interestingly, of all states and Union territories of India, only Goa has a common civil code.