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Amid a debate on the proposed Uniform Civil Code, triggered by the Law Commission’s decision to examine the issue afresh and Prime Minister Narendra Modi’s subsequent remarks on the matter, BJP MP Sushil Kumar Modi, Chairman of the Parliamentary Standing Committee on Law, is learnt to have questioned the feasibility of a UCC in tribal areas, including those in the North East, since their customs, traditions and rituals are different from other communities and the Constitution grants them protection.
A meeting of the Standing Committee on Personnel, Public Grievances, Law and Justice was convened Monday to hear the views of the Department of Legal Affairs, Legislative Department and the Law Commission of India on the June 14 notice issued by the Law Commission, inviting views of stakeholders on the UCC. Congress MPs raised questions and DMK’s P Wilson opposed implementation of the proposed UCC.
Wison and Congress MP Vivek Tankha made public the notes they submitted to committee chief Sushil Modi, uploading it on Twitter via their personal handles.
The Opposition MPs flagged the point that there are concerns regarding the legislative powers of states.
In the note he posted on Twitter, Wilson said “implementation of Uniform Civil Code will destroy the diversity of the nation”. He pointed out that “matters such as marriage, divorce, inheritance, and property rights fall under the Concurrent List of the Constitution, which allows both the central and state governments to legislate on these subjects. However, Article 44 stipulates that a Uniform Civil Code will be applicable to ‘citizens throughout the territory of India’, suggesting that States may not have the power to amend it”.
Opposing the UCC, the note he made public stated, “India is home to 398 languages, out of which 387 are actively spoken and 11 are extinct. Even within Hinduism, there are several subcultures, each with their own unique identity, tradition and customs. If you take one set of personal laws and apply it with brute force to all religions, sub-sects and denominations, it would destroy their uniqueness and diversity.”
Also taking to Twitter, Tankha said the UCC is an issue which involves 138 crore people. He posted a note he wrote to committee chairman Modi “as a measure of caution”.
Citing the 21st Law Commission’s 2018 consultation paper on ‘Reform of Family Law’, Tankha, in his note, said he concurred with the view of the Commission that “in the absence of any consensus on a uniform civil code, the best way forward may be to preserve the diversity of personal laws but at the same time ensure that personal laws do not contradict fundamental rights guaranteed under the Constitution of India”.
He also agreed with “the Commission’s view that it is essential, at this stage, to deal with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage”.
In his note, he said the consultation paper had stated that uniformity will come into conflict with many provisions of the Constitution, especially the Sixth Schedule and provisions contained in Articles 371 (A) to (I) which includes special provisions for 11 states, including states of the Northeast.
The meeting was attended by officials from the Department of Legal Affairs, Legislative Department and the Law Commission of India. Law Commission officials said 19 lakh suggestions regarding the UCC have been received so far.\
The meeting was attended by members from various parties including BJP, Congress, BSP, Shiv Sena and DMK.
While the BSP supports the idea of the UCC, it is of the view that the government should move forward only after taking into confidence all communities, including Muslims and tribals. The party’s stand is that Dr B R Ambedkar had supported the idea of UCC, but it should not be implemented in haste.
The Shiv Sena too supports the idea of the UCC. But the faction under Uddhav Thackeray has been saying that the government should not bring the UCC with elections in mind.
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