The 22nd Law Commission of India (LCI) on June 14 invited public and religious organisations to share their views on the Uniform Civil Code (UCC). This move, aimed at gathering public opinion, has ignited a fresh debate on the subject.

The commission has set a 30-day deadline for submissions in various formats, including consultations, discussions, and working papers. The decision to initiate a fresh consultation comes after the 21st Law Commission issued a consultation paper on “Reforms of Family Law” in 2018.

Also Read: Rajnath Singh backs Uniform Civil Code, slams Opposition’s vote-bank politics

What is the Uniform Civil Code?

The Uniform Civil Code refers to a single set of personal laws that would apply to all citizens irrespective of their religious affiliations. It encompasses matters such as marriage, divorce, adoption, inheritance, and succession.

Currently, personal laws governing these matters are largely based on religious customs and practices. The Uniform Civil Code is mentioned as a Directive Principle of State Policy under Article 44 of the Constitution.

While there is no draft or model document yet for the UCC, the framers of the Constitution envisioned a uniform set of laws that would replace personal laws of each religion with regard to matters like marriage, divorce, adoption, and inheritance.

Article 44 contained in Part IV of the Constitution of India says that the State “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.

Also Read: Law Commission sets ball rolling on Uniform Civil Code, seeks public views within 30 days

Background to the Uniform Civil Code debate

The debate around the Uniform Civil Code gained prominence following the Shah Bano case. This case highlighted the challenges faced by courts when dealing with personal laws and their impact on vulnerable individuals. The Supreme Court’s judgement in the case sparked a political dispute over the extent of judicial interference in Muslim personal law.

Shah Bano, after divorcing her husband who had given her irrevocable talaq, sought maintenance for herself and her children. The court ruled in her favour, but it also called for the Parliament to enact a law related to the Uniform Civil Code.

Law Commission on Uniform Civil Code in 2018

In a consultation Paper released on August 31, 2018, the 21st Law Commission headed by Justice BS Chauhan (Retd) had said, “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.”

It had said, “While 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.

Uniform Civil Code is neither necessary nor desirable at this stage, the 21st Law Commission had concluded in 2018.

Fresh move on Uniform Civil Code: Opposition sees red

The Congress party has criticized the Law Commission’s move as an attempt by the Narendra Modi government to polarize the country and divert attention from its alleged failures.

Senior Congress leader P Chidambaram also cautioned against the BJP’s promises of a Uniform Civil Code, viewing them as part of a divisive agenda to polarise society.

Former Maharashtra Chief Minister Uddhav Thackeray said that his party welcomes the UCC but cautioned that it would affect Hindus as well. “We welcome the Uniform Civil Code for all but would it adversely affect Hindus? If they (BJP) could not implement the ban on cow slaughter in the entire country, how can the UCC be implemented?” he said.

The move also came in for criticism from the Trinamool Congress with party MP Derek O’Brien accusing the BJP government of indulging divisive politics. “When you cannot deliver on jobs. When you cannot control price rise. When you rip the social fabric. When you fail to keep every promise made. All you can do, in your desperation, is to fan the flame with your deeply divisive politics before 2024. #Uniform_Civil_Code,” O’Brien posted on Twitter.

RJD leader and Rajya Sabha MP Manoj Kumar Jha said the Law Commission, before asking the opinion of others, “…should be asked to read the 21st Law Commission’s detailed report, where it had come to the conclusion that UCC was neither desirable nor necessary at this stage.”

“It emanates from a context. The world over, there is a journey from uniformity to diversity, whereas, in this case… you are actually trying to use this as an instrument for your dog-whistle politics, which we have been seeing in different other formats. What worries me is that the lack of understanding of diversity makes you go for all these kinds of options, which are actually neither desirable nor necessary,” Jha said.

JD(U) leader KC Tyagi also accused the government of using the issue for communal gains. He said the previous Law Commission had elicited the views of all in 2017. “What happened to those opinions… Now that elections are near… they are using this issue to polarise and communalise. All the political parties had given their opinions,” he said.

Supreme Court on Uniform Civil Code

In January 2023, the Supreme Court upheld the constitutional jurisdiction of states to establish committees to examine the implementation of the Uniform Civil Code. The Uttarakhand government’s move to set up such a committee was deemed permissible by the court.

In March 2023, the Supreme Court stated that the Parliament should decide issues related to the Uniform Civil Code, emphasising that courts should not direct the legislature to enact laws.