14-06-2023 : The Uniform Civil Code has become a subject of intense debate in India, prompting the Law Commission of India to actively seek the opinions and perspectives of the general public and recognized religious organizations. This move aims to thoroughly examine the concept of a Uniform Civil Code and its implications for the diverse population of the country. Respondents have been given a 30-day window to present their views on the matter.
The 22nd Law Commission of India, acting on a reference from the Ministry of Law & Justice, has taken up the task of examining the Uniform Civil Code among other responsibilities. The previous 21st Law Commission initially explored this subject and invited input from stakeholders through appeals and questionnaires issued in 2016 and subsequent public notices in 2018. The response received was overwhelmingly positive, indicating significant interest in the matter.
In 2018, the 21st Law Commission released a consultation paper titled “Reforms of Family Law.” However, considering the passage of more than three years since the issuance of this paper and the continued relevance and importance of the subject, the 22nd Law Commission deemed it necessary to reevaluate the issue. Thus, the commission has decided to once again seek the views and ideas of the public and recognized religious organizations regarding the Uniform Civil Code.
Interested individuals and organizations have been given the opportunity to present their opinions within a 30-day period from the date of the notice. They can submit their views either through the provided online platform or via email to the Law Commission of India. This inclusive approach aims to gather diverse perspectives and ensure a comprehensive understanding of the matter.
The implementation of the Uniform Civil Code has gained attention at the state level as well. In May 2022, the Uttarakhand government formed a committee to examine its potential implementation within the state. The committee is expected to submit its proposals by June 30, 2023. Similarly, in October 2022, Gujarat’s Home Minister Harsh Sanghavi announced the formation of a committee to explore the implementation of the Uniform Civil Code in Gujarat.
While some political leaders advocate for uniform laws across all communities in the country, the All India Muslim Personal Law Board (AIMPLB) has labeled it an “unconstitutional and anti-minorities move.” The AIMPLB believes that the discourse surrounding the Uniform Civil Code serves as a diversionary tactic employed by the governments of Uttarakhand, Uttar Pradesh, and the central government to shift public attention away from pressing concerns such as inflation, the economy, and unemployment.
The Uniform Civil Code, as proposed, seeks to establish personal laws that would be applicable uniformly to all citizens, regardless of their religion, gender, or sexual orientation. This concept finds its basis in Article 44 of the Indian Constitution, which emphasizes the state’s endeavor to secure a Uniform Civil Code for all citizens throughout the country. Notably, the Bharatiya Janata Party (BJP), in its 2019 Lok Sabha election manifesto, pledged to implement the Uniform Civil Code if it came into power.