Email Against Uniform Civil Code
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To, The Member Secretary, Law Commission of India, 4th Floor, Lok Nayak Bhawan, Khan Market, New Delhi, 110 003. Re: Uniform Civil Code. In response to Public Notice dated 14th June 2023 regarding Uniform Civil Code, please see here my representation. 1. At the outset, the very fact that the Article in the constitution to enact Uniform Civil Code (UCC) is placed under “the Directive Principles” denotes that it only created a ‘power’ and not a ‘duty’. the framers of the Constitution after extensive discussion and debate were pleased to keep it merely as ‘endeavour’ is evidence of the fact that the UCC was then impractical in multi religious society. The enactment of UCC is highly impractical even now because the demographic proportion of multi religious society has not changed in India. 2. The enactment of UCC will be in the teeth of various other Articles of the Indian Constitution including the fundamental rights mainly Article 25, Article 26, and Article 29. 3. It is common perception that the UCC will displace personal laws which govern marriage, divorce, inheritance and other family issues of all communities. Personal laws are integral element of religion and society. Any tempering with personal laws would be equal to interfering with the whole way of life of people who had followed them from generation to generation. India is a secular state and it must not do anything that would jeopardise the people's religious and cultural ethos. 4. Indian concept of secularism tolerated the existence of all religions with equal honour and dignity and that in a secular state such as India different communities must have the freedom to practice their own religion and culture as well as the ability to follow their own personal laws. 5. It is practically tough to come up with a common and uniform set of rules for personal issues like marriage, divorce and inheritance due to tremendous cultural diversity in India. 6. Many communities particularly minority communities pursue UCC as an encroachment on their right to religious freedom. They fear that a common code will neglect their traditions and impose rules which will be mainly dictated and influenced by the majority religious communities. 7. Constitution of India provides for the Right to freedom of religion of one's choice. With codification of uniform rules and its compulsion, the scope of the freedom of religion will be reduced. 8. In the alternative as advised by Dr. Ambedkar in the constituent assembly; the uniform Civil Code may be enacted with a proviso that it will only apply to those who agree to be controlled by it. It would be feasible for the government as well to maintain fraternity and tranquillity if the uniform Civil Code accommodates the freedom of choice as it was done in the case of the Special Marriages Act 1954. 9. Attempts to formulate and implement the Uniform Civil Code, mentioned in the Directive Principles of the Constitution under Article 44, are bound to affect the Rights to Freedom of Religion, duly assured in the Fundamental Rights which hold supremacy over other provisions of the Constitution and may give rise to the Communal Disturbances across our beloved County. 10. In order to maintain the Peace and Tranquillity and the privilege of Unity in Diversity throughout India, it is just and prudent to set aside the issue of UCC in National Interest. Sincerely, Your Name
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