INSUBCONTINENT EXCLUSIVE:
NEW DELHI: The Law Commission has sought comments from the general public, political parties and others on a Uniform Civil Code over the
next 30 days in what can potentially revive the debate on the polarising issue in the run-up to the 2024 Lok Sabha polls."With regard to
reference dated 17th June, 2016, sent by the ministry of law and justice, the 22nd Law Commission of India is examining the subject matter
of Uniform Civil Code," a public notice issued by the commission on Wednesday said.In September 2018, the previous (21st) Law Commission,
after wide consultations and reviewing 75,000 responses over two years, had produced a 'consultation paper' observing that UCC was "neither
necessary nor desirable at this stage"
It had, however, suggested changes in family and personal laws
The previous commission had said its consultations lacked consensus among stakeholders.Referring to the previous panel's consultation paper
- 'Reforms of Family Law' - the 22nd Law Commission, headed by Justice Ritu Raj Awasthi, former chief justice of Karnataka high court, said,
"Since more than three years have 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 commission considered it expedient to deliberate afresh over
the subject."While giving a month to all stakeholders to send their responses, the commission said it would also be open to in-person
consultation for any individual or organisation.The issue, one of the signature themes of BJP, has remained at the centrestage, with states
governed by BJP declaring their intention to bring legislations to ensure uniform laws on marriage, succession, inheritance, adoption and
other allied issues for all communities
Uttarakhand and Gujarat followed that up by constituting committees; the one set up by the former has almost finished the job.The demand got
a fillip after BJP's majorities in the last two Lok Sabha polls, but the party was hobbled by the lack of numbers in Rajya Sabha.21st law
panel pushed for gender equality 'within communities'Defined by the framers of the Constitution as a goal for the country to pursue and part
of the Directive Principles, the enactment of UCC never got off the ground initially because of opposition from the Muslim community which
insisted on retention of its personal laws
In later years, opposition parties as well as sections of intellectuals and activists who had supported the idea joined the resistance for a
variety of reasons - chiefly, fear of loss of Muslim support, and the belief that BJP and RSS would use it to target the minority
community.BJP, which has attributed the back-pedalling by its opponents to "vote bank politics", has found a way out by getting its
governments in states to bring laws on the issue which is part of the Concurrent List - the range of issues where states are empowered to
make laws of their own.The previous Law Commission had said that instead of bringing UCC, it would be appropriate to address pressing issues
by changing laws for ensuring uniform age of marriage, making adultery a ground for divorce in Muslim law, and a stricter ban on child
Among other observations, the panel pushed for codification in personal laws for gender equality "within communities" rather than seeking
the more contentious parity "between communities".
