UCC: What is the government waiting for in implementing the Uniform Civil Code, why is it taking so long? Know everything

Posted on 15th Jun 2023 by rohit kumar

The Central Government has stepped up preparations to bring the Uniform Civil Code (UCC). The 22nd Law Commission constituted by the government has started the task of seeking consultations and opinions on the Uniform Civil Code from the general public and heads of religious institutions. However, this is not the first time that opinion has been sought. The commission also issued an opinion paper in the year 2018 on the issue of the Uniform Civil Code (UCC).

 

Meanwhile, questions are arising as to why the government is taking so much time to complete the entire process. At the same time, why have people's opinions been sought once again? Let us first understand what is Uniform Civil Code.

 

 

What is Uniform Civil Code?

Uniform Civil Code ie Uniform Civil Code means having uniform law for every citizen living in India, irrespective of religion or caste. With the implementation of the Uniform Civil Code, there will be one law for all religions. The same law will apply to all religions in marriage, divorce, and division of property. Union Civil Code means a fair law, which has nothing to do with any religion. The objective of the Uniform Civil Code is to provide a uniform set of laws that apply equally to all citizens, irrespective of religion.

 

Article 44 of the Constitution in the country has provisions regarding the Uniform Civil Code. It states that the state can implement it. Its purpose is to eliminate discrimination or partiality with any particular class based on religion.

 

States are given the right to make personal laws

In December last year, the then Law Minister Kiren Rijiju told the Rajya Sabha that to secure a Uniform Civil Code, states have been empowered to make personal laws governing issues such as succession, marriage, and divorce. At the same time, the Central Government had said in one of its affidavits filed in the apex court that it is the responsibility of the government to implement the Uniform Civil Code for all the citizens of the country. For this, the government gave the details of the Directive Principles of State Policy present in the fourth part of the Constitution.

 

no constitutional impediment

There were many legal hurdles in the way of Ram Mandir and Article 370 related to BJP's ideology, but it is not so in the case of the Uniform Civil Code. From the Supreme Court to the High Court of many states, many times it has been told about its need. The Supreme Court dismissed the petition filed against the Uttarakhand government. In this context, the Central Government had also said in the apex court that it was in favor of a uniform law. The Uniform Civil Code is advocated in the Directive Principles of State Policy enshrined in Article 44 of the Constitution.

 

Waiting for the report of the committee

Now the Government and the Law Commission are waiting for the report of the committee constituted under the chairmanship of Justice Ranjana Desai by the Government of Uttarakhand to implement the Uniform Civil Code across the country. Based on this report, the government is preparing to enact a model law to implement the Uniform Civil Code in the entire country. Significantly, the Desai Committee is holding the last phase of meetings before presenting the report.

 

2.5 lakh suggestions were received

About 2.5 lakh suggestions were received in this matter. The committee has studied it. Apart from this, after interacting with almost all the stakeholders, the committee is holding meetings to finalize the report. It is expected that the committee will submit its report soon.

 

Gujarat-Madhya Pradesh is also waiting for the report

At the same time, on the lines of Uttarakhand, Gujarat, and Madhya Pradesh governments have also promised to implement Uniform Civil Code. Like the central government, these two state governments are also waiting for the report of the Justice Ranjana Committee. The Gujarat cabinet has also approved the Uniform Civil Code Act.

 

Strategy to be implemented in first few states

The BJP can take steps along the lines of the Population Control Act in this matter. Significantly, the first party-ruled states of Assam and Uttar Pradesh took steps for population control. After this, many more party-ruled states showed interest in it. Sources say that the BJP may adopt the same strategy in the Uniform Civil Code issue as well. Under this, first some states should implement it and later it should be implemented in the whole country.

 

center in preparation again

The Central Government has once again stepped up the preparations to bring the Uniform Civil Code. The Law Commission on Wednesday started the process of seeking a fresh consultation on the issue of the Uniform Civil Code. The commission has sought opinions from public and religious organizations on the issue.

 

That's why the opinion was sought again

The Law Commission, headed by former Karnataka High Court Chief Justice Ritu Roy Awasthi, has decided to seek opinion on the Uniform Civil Code again as the last opinion paper was issued more than three years ago. That's out of date. The commission issued a public notice stating that the 21st Law Commission had sought comments from the public and stakeholders on UCC on October 7, 2016. Again on March 19, 2018, and March 27, 2018, the opinion was sought. After this, on August 31, 2018, the Law Commission recommended reforms in the Family Law. Since more than three years have passed since the last opinion. In such a situation, considering the seriousness of the subject and the orders of the court, the 22nd Law Commission has decided to take an opinion on this subject.

 

Also Read: Uniform Civil Code: Suggestions sought from public and religious organizations in 30 days, Law Commission starts an exercise