Law Commission should be 'mindful' of its legacy, says Cong's Jairam Ramesh on UCC issue

Congress on Thursday found it “strange” that the Law Commission is seeking a fresh reference on Uniform Civil Code (UCC) and claimed the latest attempt represented the Narendra Modi government’s “desperation for a legitimate justification” of its continuing agenda of “polarisation and diversion from glaring failures”.

Party General Secretary (Communications) Jairam Ramesh said the Law Commission, which has produced an “enviable body of work” on a number of issues of national importance, should be “mindful of its legacy” and remember that the interests of the nation are distinct from the “political ambitions” of the BJP.

The comments came a day after the Law Commission reopened its exercise on the UCC by seeking “views and ideas” from the public and “recognised” religious organisations within 30 days about the contentious legislation that has been on the ruling BJP's agenda for long.

Ramesh said it was “strange” that the 22nd Law Commission headed by Justice Ritu Raj Awasthi is seeking a fresh reference when in its press release it acknowledges that its predecessor, the 21st Law Commission had published a consultation paper on the subject in August 2018.

No reasons are given for why the subject is being revisited except for vague references to “the relevance and the importance of the subject and also the various court orders”, he said.

“The real reason is that the 21st Law Commission, after carrying out a detailed and comprehensive review of the subject, observed that it is 'neither necessary nor desirable at this stage' to have a UCC. This latest attempt represents the Modi government’s desperation for a legitimate justification of its continuing agenda of polarisation and diversion from its glaring failures,” he said.

Read | Law Commission rekindles UCC debate, seeks views from public and religious organisations

JD(U) said there is a need for building consensus on the issue of UCC and all stakeholders must be taken into confidence. Party spokesperson K C Tyagi cited Bihar Chief Minister Nitish Kumar's 2017 letter to the then Law Commission Chairperson B S Chauhan in which the latter had said the UCC must be seen as a measure of reform for people's welfare and not a "political instrumentality" to be hurriedly imposed against their wishes and without consultations.

Samajwadi Party MP Shafiqur Rahman Barq said the UCC will only spread hatred in the country. "Lok Sabha elections are round the corner, elections are also to be held in some states. These people have no issues to talk about. They cannot say that they have done any work as they have only put the country in the fire of hatred," he told reporters in Uttar Pradesh's Sambhal.

"No one has any problem today, only the BJP has a problem. The BJP's policy is one of spreading hatred among Hindus and Muslims because of which the secular nature of the country has been disturbed," he alleged.

According to the Law Commission’s Consultation Paper of August 2018, while diversity of Indian culture can and should be celebrated, specific groups, or weaker sections of society must not be dis-privileged in the process.

“Resolution of this conflict does not mean abolition of all differences. This Commission has therefore dealt with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage. Most countries are now moving towards recognition of difference and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy,” it said.

The Supreme Court had earlier refused to entertain petitions seeking directions to the government to enact UCC, saying such a decision is not in its domain but that of the legislature.

Announcing the latest exercise, the 22nd Law Commission said on Wednesday, "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."

BJP-ruled states like Uttarakhand, Gujarat and Madhya Pradesh have set up or announced the setting up of committees to implement UCCs in states while other saffron party dispensations in Haryana, Assam, Uttar Pradesh and Maharashtra have indicated its inclination to set up panels to implement the contentious law.