(Un)timely deliberations

The 22nd Law Commission of India, on Wednesday, once again invited public views and suggestions on the Uniform Civil Code (UCC). Earlier, the 21st Law Commission had sought public views on the matter and issued a consultation paper on ‘Reforms of Family Law’ on August 8, 2018. The 22nd Law Commission’s bid to re-examine the matter through fresh deliberations has come because a considerable time has lapsed since the previous deliberations and courts have passed several judgements pertaining to the issue in the intervening period. The window for registering the response has been opened for a span of 30 days from the time of the announcement by the commission or the activation of the link. It is well known that the debate on the implementation of the Uniform Civil Code has been continuing ever since the time of Constitution framing. The members of the Constituent Assembly held diverse views on the need for implementation of the Uniform Civil Code. The contention over the matter has refused to die down. The BJP, which rules the Centre and a large number of states, has been backing the implementation of the UCC for quite a long time. It is also believed by many experts that the saffron party often tends to bring up this highly polarising issue ahead of elections. Last year, in the final days of campaigning for Uttarakhand assembly elections, sniffing stiff competition from the Congress, the party had brought up the issue in public discourse out of nowhere. Experts believe that the timing of the 22nd Law Commission’s notice seeking public views on the UCC could help the BJP electorally in the run-up to General Elections next year. Therefore, while the merit of the content of the UCC has been subjected to longstanding deliberations, the timing of reviving the issue now also presents political questions. Furthermore, when Indian society is undergoing massive religious polarisation, with the ruling party’s inclination somewhat tilting towards the majority, the question is whether the time is ripe to go after the UCC. One must take stock of the situation prevailing at the time of framing of the Constitution. Certain members of the Constituent Assembly, notably Naziruddin Ahmad, emphasised on waiting for the right time and proceeding gradually to win the consent of the concerned communities. The question is that under the prevailing ‘Hindutva’ clime in the country, will Muslims and other religious communities be willing to extend their consent? The answer is obvious, and needs no articulation. One must also reflect on the Constituent Assembly’s decision to place, for the time being, the subject of Uniform Civil Code under Article 44 of the Indian Constitution as Directive Principle of State Policy (DPSP) rather than under the umbrella of Fundamental Rights. This idea was supported by none other than Sardar Vallabh Bhai Patel. The idea of imposition and enforceability was ruled out at that time. It may also be pointed out that Bhim Rao Ambedkar — the prime architect of the Indian Constitution — emphasised that the acceptance of UCC should be “purely voluntary” without the idea of imposition. One counter argument may be that the times have changed, and Constituent Assembly members hoped for an improvement in the situation where the UCC could be adopted across the country. It can be said with conviction that the communal harmony of India stands on a feeble ground today — second only to the bloody Partition at the time of independence. Times indeed have changed, but not certainly for good. Unfortunately, the limiting factors including communal mistrust, particularly towards the administration, exist even today, and to a considerable degree. Despite this clime of mistrust, the Supreme Court, too, has rooted for the implementation of the UCC on several occasions. Contrarily, the 21st Law Commission had come up with a more logical proposal in 2018. Against the idea of ushering in uniformity, as inherent in the approach to the UCC, it proposed to reform the various personal laws to eliminate all forms of discrimination. This approach, if taken seriously, could ensure a logical end to a longstanding contention.