What has government done 19-months after the Law Commission's report on Reform of Family Law which clearly said a Uniform Civil Code is “neither necessary nor desirable”, Congress MP Jairam Ramesh said in Rajya Sabha on Tuesday.
The comments are to be read in context of repeated efforts by BJP MP Kirodi Lal Meena to table a private member’s bill proposing a Uniform Civil Code. After the law banning triple talaq and the scaling down special status of Jammu and Kashmir under Article 370, many believe that a Uniform Civil Code is next on the Narendra Modi government’s agenda.
Also read: Delhi High Court to hear plea for drafting uniform civil code next week
Mr. Ramesh pointed out that in June 2016, the Ministry of Law and Justice, made a referenec to the Law Commission to examine all matters relating to the implementation of the Uniform Civil Code. The Law Commission submitted a report “Reform of Family Law” in August 2018.
The report states that 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.
“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. This is the conclusion of the Law Commission,” Mr. Ramesh said.
The Law Commission report said the way forward may not be a Uniform Civil Code but the codification of all personal laws so that prejudices and stereo-types in every one of them would come to light and could be tested on the anvil of Fundamental Rights guaranteed by the Constitution. “By codification of different personal laws, one can arrive at certain universal principles that prioritize equity rather than the imposition of a Uniform Civil Code,” Mr Ramesh added.
He further pointed out that the Law Commission has already suggested certain amendments in personal laws including setting the marriageable age for boys and girls at 18 years so that they may marry as equals, making adultery a ground of divorce for men and women and to simplify divorce procedures. Recommendations were also made to abolish polygamy by law.
“Sir, I would like the Minister and the Government to inform the House what action has been taken on the recommendations of the Law Commission, and I would request you to allow some time for a discussion on this very important subject,” Mr Ramesh said.
Opposition members have been stalling a discussion on Mr. Meena’s bill — “The Uniform Civil Code In India Bill, 2020”. It was first listed for February 7. Last week it was again listed. Opposition members, in February, had written to Rajya Sabha Chairman Venkaiah Naidu objecting against moving such a bill that could “fan communal passions” especially in backdrop of ongoing protests against Citizenship Amendment Bill.