Uniform Civil Code - Letter to the Law Commission of India
Majlis
Hello
The Law Commission of India has invited views on UCC. If you wish to add your name to this letter please submit this form.
https://forms.gle/rJpgFHBh99dLSLAo6
Warm regards
Audrey Dmello
- - - - -
3rd July 2023
To Hon'ble Justice Ritu Raj Awasthi, Chairman, Law Commission of India
We the undersigned, activists, lawyers, academics, and concerned citizens have been working on issues of gender justice for the past several decades.
We are writing to you regarding the public notice dated 13th June, 2023 inviting views of the public on the enforcement of a Uniform Civil Code (UCC).
Debates on the desirability and feasibility of a UCC, in one form or another, go back to the birth of our nation, and even before that. Recognising the enormity and complexity of the task of implementing UCC the Constitution placed it in its section on Directive Principles of State Policy - thus not justiciable. Article 44 of the Constitution provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
Recently between 2016 to 2018, the 21st Law Commission of India headed by retired Supreme Court Judge, Justice Balbir Singh Chauhan examined the subject of UCC and in a 185 page document titled ‘Reform in Personal Laws’ commented that “formulating a UCC is neither necessary nor desirable at this stage”, and that “mere existence of difference does not imply discrimination, but is indicative of a robust democracy,”. It added that “most countries are moving towards recognition of difference (through plural laws) rather than a flat uniformity between culturally diverse people”.
Secularism is part of the basic structure of our constitution and forms the fabric of Indian democracy. In a diverse and multicultural polity such as India, multitudes of faiths have coexisted for centuries and have the same powers without any discrimination.
Article 25 states that all persons are entitled to the right to freely profess, practice, and propagate religion subject to public order, morality and health. Further, Article 26 states that all denominations can manage their own affairs in matters of religion.
Article 371A to 371I limits Parliament's authority to interfere with customary laws and practices of a large number of Scheduled Tribes in order to protect their distinct culture and identity.
We appreciate the 22nd Law Commissions efforts to address regressive, conservative, orthodox, patriarchal laws and ensure gender justice. This is possible through law reforms within each family law, so that people from all genders, living in varied family formations, can be guaranteed their freedom of faith and multiculturalism without any compromise on their right to equality.
Given the complex ground, and the contradictions and conflicts that any proposed UCC must consider, it should be preceded by a process that is democratic, consultative, participatory and transparent, in tune with the spirit of Article 44. We request the Law Commission to share a draft of the proposed UCC and thereafter allow an extensive timeframe for engagement with all stakeholders.
In the meantime, we request the Law Commission to urge the government to initiate dialogue towards reform in personal laws of all communities, to make them gender-just keeping key principles such as equality, non-discrimination, personal autonomy and agency, inclusivity, fairness and secularism at the centre to weed out all forms of discrimination.
Yours sincerely,
Adv. Flavia Agnes, a lawyer for women's rights, writer and activist of gender issues
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