‘Uniform civil code is neither necessary nor desirable at this stage’, 21st Law Commission said in 2018

Tribune News Service

Satya Prakash

New Delhi, June 18

The 22ndLaw Commission’s decision to examine the issue of uniform civil code has surprised many as the 21stLaw Commission had said it “is neither necessary nor desirable at this stage," and recommended that discriminatory practices in various personal laws should be dealt with.

In a Consultation Paper released on August 31, 2018, the 21stLaw Commission headed by Justice BS Chauhan (Retd) had said, “Most countries are now moving towards recognition of difference, and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy.”

It had said, “While diversity of Indian culture can and should be celebrated, specific groups, or weaker sections of the society must not be dis-privileged in the process. Resolution of this conflict does not mean abolition of difference.

“This Commission has therefore dealt with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage. Most countries are now moving towards recognition of difference, and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy,” the Commission had said, while suggesting changes in various personal laws.

However, the 22ndLaw Commission headed by Justice Ritu Raj Awasthi on June 14 issued a public notice invitingwithin 30 days “views and ideas” of the public at large and recognised religious organizations on the uniform civil code which has been on the agenda of the ruling BJP at the Centre.

“Since more than three years have been lapsed from the date of issuance of the said Consultation Paper, bearing in mind the relevance and importance of the subject and also the various Court orders on the subject, the 22nd Law Commission of India considered it expedient to deliberate afresh over the subject,” the 22ndLaw Commission stated.

The 21stLaw Commission – which put forth a questionnaire in public domain in November 2016 – had received over 75,378 responses suggesting various ways in which reforms could be executed, indicating that “the public now desires a reform of the law.”

Majority of these responses, however, dealt specifically with the practice of triple talaq or talaq-ul-biddat, which the Supreme Court outlawed in Shayara Bano v. Union of India (2017) -- a first step towards ending personal law practices that were discriminatory towards women, the 21stlaw Commission had noted.

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