The strange case of Uniform Civil Code: How lack of political will has reduced it to a mere soundbite
2 years, 10 months ago

The strange case of Uniform Civil Code: How lack of political will has reduced it to a mere soundbite

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The idea of a Uniform Civil Code has foundered not so much because of Muslim obstinacy, though that has been a factor, but because of a lack of political will at the Centre under successive regimes of different hues On the face of it, the renewed debate on the need for a Uniform Civil Code to replace the existing myriad family laws has all the feel of an unrelenting Groundhog Day when the same events appear to recur in exactly the same way day after day. In its report, the 21st Law Commission said: “In the absence of any consensus on a uniform civil code, the commission felt that the best way forward may be to preserve the diversity of personal laws but, at the same time, ensure that personal laws do not contradict fundamental rights guaranteed under the Constitution of India.” Nothing has changed since that report came in 2018 to warrant another review by the present Law Commission raising questions whether it’s really an attempt to push the issue in the long grass. Article 44 of the Constitution pointedly entrusts the Central government with the task of securing a uniform civil code “throughout the territory of India”, not local laws. “A state-level uniform civil code seems to be prima facie incompatible with Article 44 of the Constitution which proclaims that the ‘State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.’ The all-India extent of the proposed code inherent in this phraseology is too conspicuous to be overlooked,” says Dr Tahir Mahmood, former Chair, National Minorities Commission and Member, Law Commission of India. Together, they were meant to form the basis of a Uniform Civil Code with the then law minister CC Biswas hailing it as a “first step towards a uniform civil code”.

History of this topic

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