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Amid discussion about the proposal Uniform Civil Codetriggered by the Legal Committee’s decision Check the case again and Prime Minister Narendra Modi Subsequent notes on this issueBJP Member, MP Sushil Kumar Modi, Chairman of the Parliamentary Standing Committee on Law, it was learned that he questioned the feasibility of establishing an Islamic Courts Union in the tribal areas, including those in the north-east, given that their customs, traditions and rituals differ from other societies and grant them Constitution protection.
A meeting of the Standing Committee on Personnel, Public Grievances, Law and Justice was convened on Monday to hear the views of the Legal Department, Legislative Department and the Indian Legal Commission on the notice issued on June 14 by the Legal Commission, and to invite views. A stakeholder in Union Carbide Corporation. Congressmen raised questions and P. Wilson of DMK opposed the proposed UCC implementation.
Wesson and Congressman Vivek Tanga announced the notes they had given to committee chair Sushil Modi, uploading them to Twitter via their personal handles.
Opposition MPs indicated that there are concerns about the legislative powers of states.
In the memo, which he posted on Twitter, Wilson said “the implementation of the Uniform Civil Code will destroy the nation’s diversity.” He noted that “Matters such as marriage, divorce, inheritance and property rights fall under the concurrent list of the Constitution, which allows both central and state governments to legislate on these subjects. However, Article 44 provides that the Uniform Civil Code shall apply to ‘citizens throughout the territory of India’. , suggesting that states may not have the power to amend it.”
Against the UCC, the memorandum he published stated that “India is home to 398 languages, of which 387 are actively spoken and 11 are extinct. Even within Hinduism, there are many sub-cultures, each with its own unique identity, traditions and customs. If you take one group of personal status laws and apply them with brute force to all religions, sects and sects, it will destroy their uniqueness and diversity.”
Also taking to Twitter, Tankha said that the UCC is a problem involving 138 crore people. He sent a letter he had written to committee chairman Modi as a “precautionary measure”.
Citing the Law Commission’s 2018 Advisory Paper No. 21 on “Family Law Reform,” Tanja said in his note that he agreed with the Commission’s view that “in the absence of any consensus on a unified civil code, the best way forward It is to preserve the diversity of personal laws but at the same time ensure that personal laws do not conflict with the fundamental rights guaranteed under the Constitution of India.”
He also agreed with “the Committee’s opinion that it is necessary, at this stage, to deal with discriminatory laws rather than to provide a unified civil code which is neither necessary nor desirable at this stage.”
In his note, he said that the consultation paper stated that unification would conflict with many provisions of the constitution, especially the Sixth Schedule and the provisions contained in Articles 371 (a) to (1), which include special provisions for 11 states, including the northeastern states.
Officials from the Legal Affairs Department, the Legislative Department and the Indian Legal Commission attended the meeting. Law Commission officials said that 19 lakh UCC proposals have been received so far.
The meeting was attended by members of various parties including BJP, Congress, BSP, Shiv Sena and DMK.
While the BSP supports the idea of the UCC, it is of the opinion that the government should move forward only after taking all communities into confidence, including Muslims and tribes. The party’s position is that Dr. B. B. Ambedkar has endorsed the UCC idea, but it should not be implemented in haste.
Shiv Sena also supports the idea of UCC. But the faction under Uddhav Thackeray was saying that the government should not have elections in mind.
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