Uniform civil code rant back, opposition to it too

Mukesh Ranjan

Tribune News Service

New Delhi, July 1

A uniform civil code having been BJP’s core issue for long, the Centre has asked the Law Commission to “examine” as to how separate “personal laws” for different communities can be done away with and to submit a report at the earliest.

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The move, which will have far-reaching ramifications and kick off a fierce debate, is the first by any government since Independence. Needless to say, the advice of the Law Commission will be crucial.

The immediate trigger has been a Supreme Court observation. While looking into a case related to triple talaq, a custom that is part of the Muslim Personal Law, it had asked the government, “If you want to do away with it, then why don’t you frame a law and implement it? What is the confusion?” 

Law Minister Sadanand Gowda said he had asked the Law Commission to submit a report. A uniform civil code would mean a set of common personal laws for all citizens. Currently, there are different personal laws for Hindus and Muslims regarding property, marriage, divorce, inheritance. 

A debate on the issue is essentially entwined with one on secularism, with interpretations varying on the social and religious impact. The Congress has always opposed a uniform civil code.

The Law Commission, headed by retired Supreme Court Justice Balbir Singh Chauhan, will submit its report after discussions with experts and stakeholders, officials in the Law Ministry said. 

Article 44 of the Constitution, part of the Directive Principles, makes a provision for a uniform civil code and suggests that it is the “duty of the State” to implement such a code.

The Centre is raking up the issue in view of the 2017 Assembly elections in Uttar Pradesh. A divisive atmosphere is sought to be created deliberately. - Abhishek Singhvi, Cong Spokesperson

Those opposed to the code are adopting an intolerant approach towards the Constitution. Parties have been playing politics on the issue for votes. - Shrikant Sharma, BJP Secy

It’s a move to turn the nation into a ‘Hindu Rashtra’. I challenge the government to impose total prohibition. If it is serious about the civil code, it should withdraw the tax rebate extended to Hindu Undivided Families in the next session of Parliament. - Asaduddin Owaisi, AIMIM

Issue of a common civil code is related to equal rights for both men and women. Why do only men have the right to triple talaq? That right should be with Muslim women also. - KTS Tulsi, senior advocate