UCC debate now timed for LS polls

The idea of a uniform civil code (UCC) has off and on come to the forefront of national attention and been keenly debated. The Law Commission has now initiated a consultation process on it and invited views from the public. The government had sought the view of the Law Commission on the matter and that is why it has taken the initiative.

The government had told the Supreme Court last year that the UCC is a part of the Directive Principles of State Policy and so, it had an obligation to formulate and implement one. But the case for an urgent discussion on it is not persuasive. The Law Commission has said that it wants to deliberate afresh on the matter because the subject is important and “more than three years” have elapsed after a similar exercise was undertaken by the previous Law Commission. The previous Law Commission had studied the matter in 2018 and concluded in its report that a uniform civil code was “neither desirable nor necessary at this stage”. What has changed since, according to the Law Commission, that it needs to examine the matter afresh?  

Also Read | Ploy by BJP? Opposition wary of latest UCC exercise by Law Commission

The government’s statement in the court that it is obligated to enact a UCC is an exaggeration. A uniform civil code is a constitutional ideal and Article 44 calls upon the State to endeavour to put it in place. But it is not mandatory.

The government’s motive in bringing up the issue now seems to be political. It is a sensitive and divisive issue, and the ruling BJP might be of the view that a discussion or some action on it in the coming months would help it in the 2024 Lok Sabha election. A Law Commission report would come handy for that. 

The idea of UCC has wide support in the country and it is an ideal towards which the country should move. But it should not be politicised or communalised. In the present environment in the country, any move on it would be considered a move to impose a majoritarian idea on the entire society. Personal laws are mixed up with religions and their varying practices and cover a range of issues like divorce, succession, inheritance, adoption and guardianship. There are also issues that impinge on freedom of religion, gender rights, and customary practices of sections such as the tribals.

A Law Commission report won’t be able to address all such issues. Consultations with a wide range of people, groups and associations are required before making any formulations on it. The intention of bringing it up just months before elections, though, seems to be only to make a political impact. It is unfortunate that the Law Commission is sought to be used for that.