Concerned representatives must take into account India's diversity while implementing UCC: Legal experts
Jul 10, 2023
New Delhi [India], July 10 : As four days are left for the common public to present their views on Uniform Civil Code, the legal experts have expressed that concerned representatives must take into account India's diversity while providing a common minimum code for all citizens to follow.
Expressing his view, Senior Advocate Nidhesh Gupta said that Article 44 of the Constitution of India requires the State to endeavour to secure a Uniform Civil Code throughout India. "Being a part of the Directive Principles, it is a guiding principle that the State must aspire to secure," he stressed.
"At the same time while providing a Uniform Civil Code, which provides a common minimum code for all citizens to follow, there must be some play in the joints for different citizens to pratice and profess matters of their faith," Nidhesh Gupta said.
He further added that India being a country of much diversity freedom of expression peculiar to different citizens must be allowed.
With regard to the reference dated June 17, 2016, sent by the Ministry of Law and Justice, the 22nd Law Commission of India examined the subject matter of the Uniform Civil Code.
Initially, the 22nd Law Commission of India examined the subject of the Uniform Civil Code. It solicited the views of all the stakeholders through its appeal along with a questionnaire dated Oct 7, 2016, and further public notices.
The 22nd Law Commission of India had decided again to solicit the views and ideas of the public at large and recognized religious organizations about the Uniform Civil Code and asked the interested ones to present their opinions by July 14.
According to noted lawyer Ashish Dixit, the Constitution makes UCC desirable but not mandatory, unlike the other fundamental rights. Dixit said that Article 44 casts the onus on the State to take steps to implement UCC and the present exercise being undertaken by the Executive including the Law Commission is part of the consultation process leading to the enactment of the law.
Dixit said that the Law Commission can only give suggestions in the form of a report, which is strictly not binding on the Government. If Government is of the view that the time is right to implement UCC it would require the approval of parliament, he further added.
Advocate Utkarsh Singh, who deals with human rights violations, remarked that In India, even "Equality before the law" is read as "Equality among equals".
Advocate Utkarsh Singh opined that drawing a straight line in the name of UCC can be very complex. However, he said, "If the UCC intends to bolster gender justice and cleave patriarchal supremacy, we should accept it with open minds and hearts." However, in a pluralistic society with syncretic culture, how will it tend to customs and convention is yet to be seen, Advocate Utkarsh Singh said.
