- Better place the draft UCC Bill in public domain so that specific suggestions could be made by all stake holders
- Had not been lost in political gamesmanships UCC would have been amicably in place long back
DAYA SAGAR
Public Notice of date 14th June, 2023 that was issued by the 22nd Law Commission of India ( Uniform Civil Code – Reg.) in terms of a reference dated 17th June, 2016 of the Ministry of Law & Justice , the Commission brought in public domain that the Law Commission of India (LCI) was still examining the subject matter of Uniform Civil Code although the 21st Law Commission of had examined the subject . The Law Commission had even solicited the views of all the stakeholders through appeals along with questionnaires dated October 7, 2016, dated March 19, , 27.and April 10, 2018 where as per Commission overwhelming responses had been received and The 21stLaw Commission of India ( LCI) had issued the consultation paper on “Reforms of Family Law” on 31.08.2018. After about 5 years it had been given to understand that bearing in mind the relevance& importance of the subject and also the various Court orders on the subject, the 22nd Law Commission of India (LCI) had considered it expedient to deliberate afresh over the subject and had hence through Public Notice dated 14th June, 2023 again solicited the views & ideas of the public at large and recognized religious organizations ( who may be willing ) about the Uniform Civil Code with in 30 days from 14 June 2023 so as to reach Member Secretary Law Commission of India, 4th Floor, Lok Nayak Bhawan, Khan Market, New Delhi- 110 003 –membersecretary-lci@gov.in ) in the form of consultation/ discussion/ working papers on any of the issues pertaining to the Uniform Civil Code.
Contents of the public notice issued by LCI did reflect that the Commission was “very serious” about the subject, particularly looking into the text of the notice where it said”If need be, Commission may call upon any individual ororganization for a personal hearing or discussion.”
Before one take / initiate to make suggestions / observations some of the references made in the public notice surely called for careful & intimate deliberations / spade work keeping in view that during the process that was initiated by 21st Law Commission in 2016 to 2018 (A) 21st LC had though received overwhelming responses had not prepared any draft /sketch document on Uniform Civil Code but had only issued a “consultation paper” on “Reforms of Family Law”, (B) The 22nd Law Commission had not carried further on the said “consultation paper” as reference which was said to have been drawn on the basis of ‘overwhelming’ response from state holders and hence bearing in mind the relevance and importance of the subject the 22nd Law Commission of India had considered it expedient to deliberate afresh over the subject and (C) ‘Nearly five had lapsed after the date of “consultation paper” on “Reforms of Family Law” was issued by 21st Law Commission which remained unconsidered and 22nd Law Commission had in 2023 to deliberate a fresh on the subject.
So, it had become very pertinent and meaningful for some to request the 22nd Law Commission to (i) kindly also confirm that the ‘consultation paper’ prepared in 2018 though was titled as “Reforms of Family Law” but was it intended as Uniform Civil Code document (UCC Doc) , and if so that should also be provided ( with comments of 22nd Law Commission) to those intending to participate in the exercise which could save upon some time & efforts in sketching and drawing the requirements since the issue which is of a very broader prospective is already very old and time available for submitting proposals was very less (ii) ofcourse the issue of UCC which had remained in discussions / debates for years has been surely ‘unduly’ delayed for settlement looking at the manner it has been projected as an subject of utmost national interests which had even been referred as an issue of national priority even by the Vice President of India Jagdeep Dhankhar on July 4, 2023 ( while addressing the 25th convocation of the Indian Institute of Technology, Guwahati ) who was quoted as having said ” The underlying sublimity of this has to be appreciated and understood as this will bind the nation more effectively. If there is further delay in UCC implementation, it will be corrosive to our values,”
To be brief there is no doubt that theoretically the references in Bharat for Uniform Civil Code (UCC) in the past & in present have remained focused at replacing any personal / community / ‘family’ laws based on individual religions/ customs/ traditions with one ‘common composite civilian code’ for one & all citizens of India irrespective of religion//region/caste/sect/gender particularly in relation to marriage/ inheritance/ adoption/ succession etc. etc. But the subject has remained only an issue of debates with the politicians tossing it more as which a issue of Hindu- Muslim controversy which otherwise surely UCC is not. It may be noted here that the term of the 22nd Law Commission had already be been extended on February 22, 2023 upto August 31, 2024 ( may be hoping that UCC will be ready before 2024 Lok Sabha Elections).No any draft proposals or concept paper on UCC had been placed in public domain by 22nd Law Commission and during 2024 elections to Lok Sabha some people had once again tried to push in the subject of UCC. As per the information available 22nd Law Commission too had not placed any draft of UCC before the government / or in public domain and issue has been passed on to 23rd Law Commission which has been notified as constituted w.e.f from September 1, 2024 constituted for 3 years upto 31-08-2027.
To be continued
(The writer is a Sr Journalist, social activist, & analyst of J&K Affairs).