NEW DELHI, Feb 6: The Congress party on Thursday stated that the Uniform Civil Code (UCC) can only be enacted following widespread discussion aimed at building a genuine consensus, and it should not be used as a political tool to keep the country in a state of “permanent polarisation.”
This assertion by the opposition party comes shortly after the BJP-led government in Uttarakhand implemented the UCC in the state, and the Gujarat government formed a committee under a retired Supreme Court judge to assess the need for the UCC in the state and prepare a draft bill for its potential introduction.
Congress general secretary in-charge communications, Jairam Ramesh, criticized the Uttarakhand UCC, calling it a poorly drafted and highly intrusive piece of legislation. Ramesh argued that it is not an instrument of legal reform, as it fails to address concerns regarding family law raised over the past decade. Instead, he claimed that the UCC was being “forcibly imposed” as part of the BJP’s divisive agenda.
Ramesh also noted that while the Gujarat government has announced the formation of a panel to formulate the UCC, this follows Uttarakhand’s recent enforcement of the UCC, which exempts scheduled tribes from its provisions.
Ramesh pointed to the 21st Law Commission, which had submitted its ‘Consultation Paper on Reform of Family Law’ on August 31, 2018. He cited a section of the document (Para 1.15), which emphasized that while India’s cultural diversity should be celebrated, specific groups or weaker sections of society must not be dis-privileged. The consultation paper stated that the abolition of differences is not necessary, and instead, discriminatory laws should be reformed rather than imposing a uniform civil code.
In addition, Ramesh referred to a press note released by the 22nd Law Commission of India on June 14, 2023, where it had expressed its intention to examine the subject of the UCC. However, the commission was wound up on August 31, 2024, without submitting its report on the matter. The 23rd Law Commission was announced on September 3, 2024, but its composition has not yet been made public.
Ramesh also referenced the Constituent Assembly’s agreement on Article 44 of the Constitution, which calls for a UCC, but argued that the framers could not have anticipated multiple state-level UCCs passed in a piecemeal manner. He insisted that a UCC, as envisioned by Article 44, should only be brought about through extensive debate and discussion, with the goal of building a broad-based consensus, not as a divisive political tool.
Ramesh concluded that the UCC should not become a mechanism for permanent polarisation in the country.
Meanwhile, the Gujarat government formed a five-member committee, headed by former Supreme Court judge Ranjana Desai, to assess the necessity of a UCC in the state. The committee is expected to submit its report within 45 days, after which a decision on implementing the UCC will be made, according to Chief Minister Bhupendra Patel.
Uttarakhand, which became the first state in India to implement the UCC, introduced the law last month, aiming to promote equal laws for all citizens, irrespective of religion, and standardize personal laws related to marriage, divorce, and property.
