ALL INDIA
PRACTISING LAWYERS COUNCIL
A-15, GROUND
FLOOR, HAZRAT NIZAMUDDIN WEST, NEW DELHl-13
Tel: 01146068472,alllndiapractisinglawyers@gmail..l:atn
Ref: -AIPLC/HQ/61 Date: 14-07-2023
The Hon'ble Chairman
The Law Commission of India,
Lok nayak Bhawan, Khan Market, New Delhi
Sub: Humble representation on
behalf of All India Practising Lawyers Council (AILC) in response to the notice
dated 14th of June,2023 soliciting the views regarding the Uniform Civil Code (UCC).
Hon'ble Sir,
It is respectfully submitted that the issue of the Uniform Civil Code
(UCC) is considered very sensitive being directly affecting the way of life of
every citizen relating to matters of marriage, divorce, inheritance, death etc.
as well as family ethos and traditions so the highest level of patience as well as the perseverance is required in dealing
with the issue of Uniform
Civil Code.
The AILC considering the issue of utmost importance, has resolved to file
a representation containing the
views on the Uniforms Civil Code (UCC) deliberating on the following grounds inter alia, amongst
others;
(1) That it is strongly emphasized at onset that till a copy of the draft of the Uniform Civil Code is provided and circulated in public affording sufficient time in view of the vastness of the country and high stakes of different classes of the Indian citizenry and thereafter a thorough debate is allowed engaging the citizens of all the hue, no decision may conclusively be taken at the issue as the people of India still do not know the merits and demerits of Uniform Civil Code or the purpose and jurisdiction of Uniform Civil Code, so it is imperative to bring a draft to the public domain by the Union Government and then only the views may be solicited giving a proper and sufficient time before invoking any form of Uniform Civil Code in India. This process may remove the apprehension among the socially marginalized communities, the religious minorities, tribals etc. that the move is afoot to impose the majoritarianism sweeping aside the shared and democratic values of the country to thrust upon an artificial uniformity upon the country.
It is incumbent to take proper care of the dissenting opinions of the states, keeping in view the federal structure of the country.
(2)That the draft of the Uniform Civil Code must be published and conspicuously displayed in various Indian languages affording at least a six months period to register the response.
The Uniform Civil Code may not be made mandatory for any Indian and may be optional like the Special Marriage Act.
The individual choice may be permitted to every citizen to choose or to discard. The minorities should not be compelled to follow the provisions of UCC till a member willingly opts to Uniform Civil Code in comparison of the respective family law of the person.
(3) That the UCC if enforced upon the Indian society, it may deliver more difficulties culminating into a havoc in the country so AILC sincerely pleads against the Idea of compulsory Uniform Civil Code in India and favors the continuation of personal laws for every segment of the society till a consensus is reached by open debate on the form of UCC. If the need is felt in the larger and public interests, the community leadership may be roped and convinced adopting an inclusive process of dialogue paving way to give the desirable affects after internal consultations among the various denominations.
(4) That feelers are noticed in public domain that the move of enforcement of Uniform Civil Code is politically motivated aimed at targeting the marginalized sections of the country and even may be confronted from mainly dominant groups of the society. For example, the Sanatani values of Hindus are meant to respect and consider the marriage as "sacrosanct" being eternal, permanent and holy, while marriage in the Abrahamic religions like Islam, Christianity and Judaism is only a social contract between husband and wife. So,6 the followers of these religions having divergent values cannot not come to terms to common understanding in view of scriptural teachings.
(5) That the legal system of Hindus is mainly regulated by two separate schools viz-a-viz Mitakshara and Daya Bagh. Both are distinct and have keenly been followed by adherents. There may be another point for the objection regarding the Hindu joint family as due to this system, the exemptions in the payments of the income tax are legally provided to members of the Hindu Undivided Family (HUF, so those who have been receiving pecuniary benefits, may not like to be deprived from the advantage on account of political decision to apply the Uniform Civil Code to all the Indians.
(6) That abrupt re-opening of the issue of Uniform Civil Code gives a feel to the idea that the exercise to the UCC is to divert the attention from the several burning and live issues, the country currently should concentrate to absolve and urgently resolve. The issue of UCC was wrapped up five years ago after considering the views of Indians in the year 2018. At that time the issue has thoroughly been considered by the 21st Law Commission of India lastly putting it at the abeyance by repeating the same findings of the Central Constitution Assembly of the year 1948 by not giving any recommendation to enforce Uniform Civil Code into Indian polity keeping in view of avoiding the consequences of the political adventure. So, the inference may be drawn that the issue of Uniform Civil Court has again been hurriedly notified before the country under political pressure and motives.
(7) That it is pertinent to mention here that one of the main architects of Brahminical social and political movement of India in the year 1972 had explicitly disfavored the implementation of the Uniform Civil Code in India in view of the vast diversities and differences in traditions as well as the rituals and customary laws. The senior leader of the BJP has also opined against the enforcement of Uniform Civil Code. BJP MP, Mr. Sushil Kumar Modi, the current Chairman, Parliamentary Standing Committee on Law has questioned the feasibility of the UCC pointing out the tribal areas including those in the North East since their customs, traditions and rituals are different from other communities and the Constitution also grants the irrevocable protection to their special rights. According to Mr. Vyalar Ravi, the former cabinet minister of India, the Indian society is deeply enriched as there are more than 200 personal laws being practiced into the country. In given facts, all groups of the people must provide proper opportunity to participate. For that prior consultation through an acceptable mechanism is required to seek the opinion so that dissatisfaction may not simmer in the long run, to avoid any injury to the "idea of India" that is always inclusive, federal and democratic never to be overruled by the whim of the uniformity, unfortunately felt in the current process due to the hurried notification. The adequate time and opportunity in view of short time of thirty days is not being provided to all the Indians which in any view, happens against the well settled principle of natural justice.
(8) That special provisions in the Constitution have been incorporated by the Scheduled 5 and the Scheduled 6, safeguarding the rights of the tribal areas and the people. There is also provision for the special rights for the people of the 11 States under Article 371 of the Constitution, so all these special provisions may not be allowed to be diluted.
(9) The Constitution of India further guarantees fundamental rights of equality and life to every citizen with right to faith and conscience. The special provision for the rights of religious minorities have also been enshrined into the Constitution of India as the fundamental rights. Every minority just a Muslim, Sikh, Buddhist, Christian, Jain or Parsi have got their deeply- rooted systems governed by personal laws and sanctioned by the Constitution of India. Different communities among tribal people are proud of their social systems practising for a long. Their people in majority can neither bear with the superimposing of UCC nor depart from their customs and traditions to follow the of Uniform Civil Code at the place of the rituals or social
norms like other communities.
(10) That there have been smooth existence of the law simultaneously working in case of the civil marriage. If a Hindu performs marriage with the Hindu under the provisions of Special Marriage Act, the couple is still governed by the provisions of Hindu Personal Law so is the case with the Muslims, if his or her marriage under provisions of Special Marriage Act is registered, both being Muslims, their life is to be regulated under the provisions of Muslim Personal Law. So, the space of Special Marriage Act has created a precedent that the personal laws may coexist and may be permitted to be continuing in personal life of the followers. in accordance with their faith and beliefs.
(11) That only few ground realities mentioned in preceding paragraphs lead to believe that except political adventurism there is no other reason to re-open the issue of Uniform Civil Code in a hurry keeping in view the findings of the 21st Law Commission that had five years ago concluded that Uniform Civil Code is neither necessary nor desirable, so the 22nd Law Commission also expected to stick to the decision, taking back the notice of June 14th, 2023 after application of fair mind and genuinely weighting the merits and demerits of Uniform Civil Code. So, the ideas of application of UCC are liable to be dropped in the wider and overall interests of the country.
(12) That the hurried process may be considered totally against the principle of natural justice amounting to tampering with divergent and deep values of family's laws fully workable in respective faiths, beliefs, race and region. Alternatively, it may be considered in the long run that the social groups or religious· denominations, the majority out of them if specifically concur to any draft of Uniform Civil Code prepared by the Union Government, may be covered under provisions of proposed UCC by the union of India. The remaining denominations may be given an option either to follow Uniform Civil Code or the respective family laws so that nobody in the country feels frustrated and there may happen no issue for any change in their way of family life against free will.
It is also submitted that the gender equality, inheritance etc. are some issues beyond the above discussions urgently required to take not the dwelling at the Uniform Civil Code in a hurry and without cultivating an atmosphere of consensus.
It is also submitted that apart from the gender equality and inheritance, the menace of dower and drugs may urgently be addressed by initiating a countrywide campaign as a government program involving the public at large.
All India Practising Lawyers Council (AILC) in view of the above discussions, herewith partially responds demanding to revoke the notice dt. June 14,2023 issued by the Secretary of behalf of the 22nd Law Commission of India with further demand to provide a draft of Uniform Civil Code and also demands to give sufficient time for the filling of proper response to all the Indians.
AILC has an opinion that without cultivating an atmosphere of consensus, the Uniform Civil Code may not be workable in India.
Advocate Sevvilam Parithi Ramalingam
(Vice President)
All India Practising Lawyers Council (AILC)