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

The previous Law Commission, in its consultation paper on 'Reforms of Family Law' had said the UCC 'is neither necessary nor desirable at this stage' in the country

Reopening its exercise on the Uniform Civil Code (UCC), the Law Commission of India on Wednesday sought “views and ideas” from the public and “recognised” religious organisations about the contentious legislation that has been on the ruling BJP's agenda for long.

The Law Commission's public notice seeking comments within 30 days also came on the day that the Uttarakhand government-appointed panel tasked with drafting a UCC for the state held an open dialogue in the national capital.

The 22nd Law Commission, headed by Justice Ritu Raj Awasthi, has been examining the issue of the UCC following a reference from the Ministry of Law and Justice dated 17 June, 2016. Initially, the previous Law Commission had examined the subject and solicited views of all stakeholders between October 2016 and 2018 and received an overwhelming response.

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The 21st Law Commission, on its last day on 31 August, 2018, issued a consultation paper on 'Reforms of Family Law', which said the UCC “is neither necessary nor desirable at this stage” in the country.

Most countries are now moving towards recognition of difference, and the mere existence of difference does not imply discrimination, but rather is indicative of a robust democracy, the Consultation Paper had then opined.

"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 latest Public Notice said.

"Accordingly, the 22nd Law Commission of India decided again to solicit views and ideas of the public at large and recognized religious organisations about the Uniform Civil Code," it said.

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

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

According to the public notice, those who are interested in presenting their views can submit their views through the Law Commission website or email to [e-mail].

Stakeholders can also make their submissions in the form of consultation or discussion or working papers on any of the issues pertaining to the UCC to 'Member Secretary, Law Commission of India, 4th Floor, Lok Nayak Bhawan, Khan Market, New Delhi -110 003'. If need be, the notice said, the Commission would call any individual or organisation for a personal hearing or discussion.