Separatism, conservatism and misconceived notions about personal laws are the three main impediments if the Uniform Civil Code is adopted according to Union Law Ministry. According to a report in The Indian Express, the law ministry explained these issues in a note, before it asked the law commission to check the drafting and execution of the of the uniform code. In the note, it is said that it is a challenge for the government to ‘reconcile legal uniformity’ with the protection of the rights of minorities when it is about uniform laws for the regulation of personal matters such as marriage, inheritance, adoption, divorce, etc.
It is recommended by law ministry’s legislative department, that the Law Commission to examine pertinent issues related to Uniform Civil Code and make necessary recommendations. In the note, three key ideas of problems are highlighted, “Conservatism which always resists any attempt to progress; misconceived notions about personal laws; and clinging to the ideas of separatism generated and fostered for a long time under foreign rule,” was written in the note accessed by IE.
Talking about the importance of common code in case of religions, the Legislative Department wrote, “it may generate social coherence and reduce social evils in the society by establishing equality before the law.” It added that the Uniform Civil Code will divest religion from personal laws and social relations which will ensure ‘equality, unity and integrity’ of the nation and also justice to both men and women. Comparing with other countries, the department said, “In other countries such as Germany, Italy, Egypt, Turkey, etc, having a heterogeneous society, civil code governs uniformly such matters.
The department also pointed out in the note that Article 44 of the Indian Constitution is one of the Directive Principles of State Policy in which it is stated, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. However, the directive of Article 44 has not been realised due to the challenge of reconciling legal uniformity with the protection of minority rights, which are also constitutionally protected.” Law minister DV Sadananda Gowda received the note in July and have is approval to refer the issue to the Law Commission.