The 22nd Law Commission of India has announced the start of new consultations on the Uniform Civil Code (UCC), the Ministry of Law and Justice said on Wednesday, June 14. The decision comes after the 21st Law Commission of India initially examined the subject and sought the opinions of various stakeholders. The commission has cited the need for a fresh examination since it has been three years since the public was consulted on this.
In a public notice, the Law Commission has invited Indians to share their views, thoughts, comments, and submissions on the UCC. Recognised religious bodies have also been encouraged to provide their input on the matter.
The Law Commission has set a deadline of 30 days for the submission of comments. This timeline allows interested parties to express their opinions and contribute to the ongoing discussions on the Uniform Civil Code.
The 21st Law Commission had previously issued appeals and questionnaires on October 7, 2016, and subsequent public notices on March 19, 2018, March 27, 2018, and April 10, 2018, to solicit the public’s views on the UCC, and it had received an overwhelming response. On August 31, 2018, the 21st Law Commission released a consultation paper titled ‘Reforms of Family Law.’
"Since more than three years have been lapsed from the date of issuance of the said Consultation Paper, bearing in mind the relevance and importance of the subject and also the various Court orders on the subject, the 22nd Law Commission of India considered it expedient to deliberate afresh over the subject," the Ministry of Law and Justice said in a statement.
Interestingly, in its recent recommendation, the Law Commission had backed the need for the sedition provision in the IPC. The Law Commission had even argued for increasing the maximum sentence from three years to seven years. Its views on retaining the sedition provision had invited strong criticism from some quarters.
The UCC had been at the centre of politics for many years, with Muslim organisations like the AIMIM objecting to the code, terming it against India’s pluralism. Top political leaders are all set to discuss the matter during this year's winter session of the Parliament.
The Uniform Civil Code is a common civil code or common law for every citizen in India, irrespective of religion and caste. The code is mentioned under Article 44 of the Constitution as a Directive Principle of State Policy. It aims to address the issues of discrimination against vulnerable groups and gender biases. These provisions are not enforceable but are meant to serve as the guiding principles of legislatures.
"Article 44 of the Constitution provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India," then minister of law and justice Kiren Rijiju had told the Rajya Sabha in a written reply dated April 7, 2022.
Rijiju had said, "the States are also empowered to legislate" upon "personal laws such as intestacy and succession; wills; joint family and partition; marriage and divorce, relate to Entry 5 of List-III-Concurrent List of the Seventh Schedule to the Constitution..."
