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The Parliamentary Committee on Law on Monday held a meeting of the staff, public grievances, law and justice departments on the issue of the Uniform Civil Code (UCC) in New Delhi.
UCC stands for a single law that can be applied to all religious communities in matters such as marriage, divorce, inheritance, adoption, maintenance, etc.
The Standing Committee chaired by Bharatiya Janata Party (BJP) Member of Parliament Sushil Modi has approached representatives of the Law Commission and the Law Ministry in a recent notice issued by the Law Commission, to seek the views of stakeholders on the issue.
Law Commission representatives present at the meeting elaborated on their findings and the consultation paper in 2018, which stated that there was no need for a UCC. Representatives told members that the public consultation has received an overwhelming response with more than 19 responses so far and the consultation will begin on July 13.
Apart from Sushil Modi, the meeting was attended by Congress MPs Manickam Tagore, Vivek Tanka and Jasbir Gill, BJP MP Mahesh Githmalani, BJP MP Ramesh Pokryal Nishank, Shiv Sena UBT MPs Sanjay Raut and Rajan Vishar, DMK from Wilson, and YSR Reddy, Rep. Fires. , among others.
Among the officials who attended the meeting was K. Biswal, Member, Secretary, Law Commission. Saji Kumar, Additional Secretary, Legislative Division, Sunita Anand, Joint Secretary, Legal Division, among others.
reconnaissance position?
Many members asked why the government was in such a hurry to implement this legislation. He asked MPs from the Congress, Dravida Munnetra Kazhagam (DMK) and Bharat Rashtra Samiti (BRS) “if this is done, keeping in mind the upcoming Lok Sabha elections”.
The government said, according to the sources, that this is not a matter of polling. Previously, neither the committee’s report nor the advisory paper made any recommendations and had nothing to implement. The report currently being considered will also have recommendations.”
Sources familiar with the development said Shiv Sena’s Udhav Thackeray faction continued to support the legislation, hoping the government would not use it as a voting issue in 2024.
to northeast
Congressional lawmakers have also raised concerns about the impact of such legislation in northern states such as the border state of Punjab. A few MPs, including the committee chair, also questioned the impact of such legislation on tribes and northeastern states that have their own unique identities, “It should not be affected as per Schedule 6. Anyway for northeastern states such as Northeast states, sources told News18.” : Mizoram and Nagaland, no decision issued by the Center can be implemented without being endorsed by the State Assembly.
Some opposition MPs argued, if this did not apply to all, the whole purpose of making a unified law would be nullified.
“State and Discrimination” powers
Some opposition MPs argued that such legislation would strip states of their powers. India is a diverse country, with unparalleled religious, cultural and linguistic diversity. According to the report, India is home to 398 languages, of which 387 are actively spoken and 11 are extinct. Even within Hinduism, there are many subcultures, each with its own unique identity, traditions, and customs. If you take one set of personal laws and apply it with brute force to all religions, castes and sects, it will destroy their uniqueness and diversity,” DMK Rajya Sabha MP wrote in his letter to Sushil Modi.
“The Committee has rightly noted that discrimination rather than difference lies at the root of inequality and. Therefore, it suggested possible legislative action in the form of ‘codification and amendment’ of personal status laws to address the complexities involved in the Uniform Civil Code. From this perspective, the advisory paper is a step forward. A first where it attempts to reconcile the fundamental right to equality with the right to freedom of religion.The consultation paper states that while dealing with the issue of uniform civil law, the Constitution of India, as a whole, must be taken into account because uniformity would conflict with many provisions of the Constitution of India.In particular , Sixth Schedule and the provisions in Articles 371 (a) to (1) of the Constitution categorically states that while dealing with this issue, it must be kept in mind that all Articles of the Constitution of India are to be given effect, to avoid self-absolute lapses,” Member of Parliament from Congress in his letter to Sushil Modi.
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