Chasing utopia — the quest for a Uniform Civil Code
The HinduThe Uniform Civil Code is in the news again. This is baffling because in June 2016 the Ministry of Law and Justice had asked the previous Law Commission to “examine matters in relation to uniform civil code”, in response to which the 21st Commission presented a 185-page report in August 2018 titled “Consultation Paper on Reform of Family Law” wherein it was made clear that a UCC “is neither necessary nor desirable at this stage”. Certainly, things could not have changed so drastically between August 2018 and October 2022 as to warrant another examination of “matters in relation to uniform civil code”. Strangely, it is the Supreme Court that has been urging the state time and again to enact a UCC despite Article 37 making it clear that the Directive Principles of State Policy specified in Part IV “shall not be enforceable by any court” although they are “fundamental in the governance of the country”. In the Kesavananda Bharati case Chief Justice Sikri, even after conceding that “no Court can compel the Government to lay down a uniform civil code”, stated that a UCC “is essentially desirable in the interest of the integrity, and unity of the country”.