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Law panel to study uniform civil code

BJP calls for debate, Cong for consensus
Last Updated 01 July 2016, 21:58 IST
The government has asked the Law Commission to examine the issue of implementation of a uniform civil code in the country, a move welcomed by the BJP and criticised by the Congress.

The commission headed by former Supreme Court judge Justice B S Chauhan has been requested to examine the issue and submit a report. Though the commission enjoys an advisory status, its recommendations may form the basis for any move to ensure the implementation of a uniform civil code. The request made by the Department of Legal Affairs to the Law Commission has come in the backdrop of the Supreme Court agreeing to examine the issue of triple talaq practised by Muslims in India.

The Centre is likely to inform the apex court on September 6, the next date of hearing, about its decision to refer the matter to the commission.

The court had earlier sought a response from the attorney general to the questions raised by a group of NGOs and individual Muslim women challenging the constitutional validity of triple talaq and other practices. 

In 2015, hearing a plea by Delhi resident Albert Anthony against the specification of a two-year separation period in the law for Christians and only one year for other communities, the apex court had asked why the government was not considering bringing in a uniform civil code.

Law Minister D V Sadananda Gowda had said that even the Preamble of the Constitution and Article 44 (as directive principles) do say that there should be a uniform civil code. “For the interest of national integration, certainly a common civil code is necessary. But it is a very sensitive issue. It needs a very wider consultation. Communities, even across the party lines, even various organisations...it needs to have a wider consultation,” the minister had said.

Reacting to the government decision, the BJP, which has always favoured a uniform civil code, said the issue had been opposed by those indulging in vote-bank politics, despite it finding a mention in the Constitution.

“There should be an open debate on it. The Constitution calls for it and those who oppose it only show their intolerance to the Constitution. We have always advocated it,” BJP National Secretary Shrikant Sharma said.

The implementation of a uniform civil code is one of the core issues of the BJP and the sangh parivar, but the NDA governments in 1998 and 1999 and the current dispensation headed by Narendra Modi have put the contentious issues like scrapping of Article 370 and construction of Ram temple on the back burner.

‘Pure political gains’

The Congress hit out at the government for raising the issue ahead of the Uttar Pradesh elections for “pure political gains”.

It said if the government was serious about uniform civil code, it should make efforts to generate a consensus among political parties and all diverse elements of society.

“The real matter is that if you are serious, why do you raise it and throw it like for the elections,” Congress spokesman Abhishek Manu Singhvi told reporters here.

“Is it not very interesting that whenever we come near a major election, you today throw Ayodhya, tomorrow before the UP elections UCC, uniform civil code day after tomorrow, before another election Article 370, and you shoot and scoot?” Singhvi said.

All India Majlis-e-Ittehadul Muslimeen’s Asaduddin Owaisi dubbed the decision of the government a move to turn the nation into a “Hindu Rashtra”.
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(Published 01 July 2016, 21:56 IST)

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