Representation to Law Commission on UCC from Disability Perspective
National Platform For The Rights of the Disabled
July 29, 2023
Press Release
A representation has been made to the Law Commission of India in response to their notice seeking views on the Uniform Civil Code. The representation from the disability perspective has been endorsed by 224 signatories who include disability rights organisations/professionals/people with disabilities, various other organisations, eminent personalities and individuals. This was submitted to the Law Commission on July 28. It is being released herewith.
Muralidharan
General Secretary
National Platform for the Rights of the Disabled (NPRD)
**
July 28, 2023
Submission to the 22nd Law Commission of India
On Uniform Civil Code from the Disability Perspective
This submission is being made in response to the Public Notice dated 14th June 2023 issued by the 22nd Law Commission of India soliciting views and ideas of the public about the Uniform Civil Code. As organisations and individuals working with persons with disabilities (PwDs), we would like to state that we are an interested stakeholder in this process and therefore are submitting our views and concerns on the same.
At the outset, bereft of a draft or even an outline of the proposed UCC, responding to this public notice is an extremely challenging exercise. Nevertheless, we are submitting our response, from the disability perspective, on the premise of the right to equality for all and the obligation on the State to ensure that it endeavours to provide both de jure and de-facto rights to all. This must be done with the clear intention to strengthen existing systems and processes in order to reduce inequalities especially for all minorities and vulnerable sections, including PwDs. There is no gainsaying the fact that uniformity and equality are not synonymous with each other.
As we understand, a proposed UCC would cover the following aspects:
- Institution of Marriage
- Provisions of Maintenance (spousal and children)
- Adoption
- Guardianship
- Inheritance (inclusive of succession and wills)
- Real time execution of property rights
- Trust/Gifts/Endowments
- HuF and Waqf
- Community properties such as forest land, shamlat lands, sarbasadharana or poramboke etc. can be governed by either customary law in certain cases like tribal related properties and/or managed by local panchayats. These common lands get used for the benefit of the community and this includes their use for the community’s vulnerable including the disabled.
Our Concerns
If these laws are changed, PwDs as individuals are due to get impacted, as they encompass different roles of being children, spouses, siblings, parents, grandparents, aunts and uncles, dependent family members and members of a vulnerable and invisibilised population within the larger community, during the course of their lives. Across age, sex, genders, sexual identities, religious identities, caste identities, ethnic identities, class identities and regional locations, PwDs, a very diverse and heterogeneous population, inhabit all these spaces, within and outside marriage, within family and in institutions. Therefore, any discussion on these issues needs to take their voices, concerns, needs and vulnerabilities into account.
Vulnerabilities of PwDs
Our experience reveals that PwDs are extremely vulnerable to a range of abuses and exploitations within the familial, community and social spheres. For example, there are cases where PwDs are deprived of their share in family property; they are subjected to abuse within the family, in case they are chosen to inherit the property willed to them with the express intent of providing security to them over their siblings. Many are deprived of the right to marry, adopt and reproduce and have families of their own. These aspects are further impacted by the provision of ‘unsoundness of mind’, which grossly impact persons with intellectual, developmental and psychosocial disabilities in comparison to other disabilities.
In contrast to these realities, there exist benefits for PwDs in certain aspects of the various personal laws and customs. For example, under the HuF system, PwDs have to be taken care of and provided for from the HuF funds by the Karta, as they are shareholders in the HuF property by birth. Under Muslim law also PwDs inherit by birth, marriage and consanguinity and their share has to be at par with other non-disabled inheritors. For emphasis, it is clarified that this ratio cannot be changed through a will.
Synchronise with Other Laws
Any process addressing the legal framework related to these domains of life will have to synchronise on the issue of legal capacity and supported decision making, as provided for both under the Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016) and the Mental Healthcare Act, 2017 (MHCA, 2017).
In addition to personal laws with regard to PwDs, other civil laws, schemes and notifications also cover some of these aspects. For instance, the UN Convention on the Rights of Persons with Disabilities, 2007 (UNCRPD), which India ratified consequent to which we enacted the RPwD Act, 2016 and MHCA, 2017 reaffirms the rights to home, family, parentage, right to own property etc. for PwDs. Both the RPwD Act, 2016 and The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 2000 create systems for endowments to support PwDs including destitute and abandoned PwDs and guardianship processes to assist PwDs in managing their lives and assets including immovable properties. These domestic laws create a strong regime of social protections for PwDs. The role of the State ought to be that of a regulator, which acts within a needs-based model to eradicate bad practices and strengthen good practices through legal reform. Its role must be limited to ensuring that all persons including PwDs are able to freely exercise and enjoy the rights guaranteed under these life domains and seek justice through equitable, accessible and inclusive processes.
Existing v/s Proposed New Regime
Furthermore, personal law regimes have some safeguards for disabled persons as already stated above. If these safeguards in customary and personal laws were to be strengthened with further safeguards access to justice becomes easier for vulnerable populations including PwDs because they don’t have to fight the community conscience as well as a legal battle. It is well known that when faced with no option the government had previously brought in prohibition of child marriage and sati. However, it took almost a century for the practice of sati to die out and child marriage still continues. In such a case if a disabled minor is married off against their wishes, it becomes very hard to go against the entire community and deal with an adversarial justice system. Similar situations can be anticipated where the law is in conflict with societal customs instead of being used as a tool to amend these systems to provide equal rights and protections within the customary and societal context. For example, the 2005 amendment to Hindu law which extended coparcenary rights to daughters has provided an avenue for women to access their rights within the societal context. We feel that it is easier to amend an existing legal regime to remove impediments to equality than to replace the same with a completely new regime.
Hold Consultations
Reform of personal laws, or for that matter any law, should only be done after wide consultations with all stakeholders. We therefore urge the Law Commission of India, to not go ahead without adequate consultations with all stakeholders including the disabled by hearing their voices and that of their representative groups and organisations. It would also be pertinent to note that the RPwD Act, 2016 recognises 21 types of disabilities. Their lived experiences and interactions within these domains may vary depending on their disabilities and the degrees of their impairment. Consultations with all of them are therefore imperative. We urge the Law Commission of India, to give serious consideration to our views raised herein.
Additional Recommendations
At the same time, we would also recommend that the Law Commission should take up for consideration, some important issues on which many of us have been advocating since long. These include:
- Harmonising all Indian laws in consonance with the provisions of the UNCRPD;
- Amending Article 15, 15(1), 15(2), 15(4) and 16(2) of the Constitution of India to include “disability” as a ground on which discrimination is prohibited;
- Amending Section 3(3) of the RPwD Act, 2016 which legitimises discrimination of the disabled; and
- Removing other discriminatory provisions against PwDs under various laws in force; repeal/amending laws that bar disabled from contesting elections (municipal/panchayat/cooperative societies), removing the provision of “unsoundness of mind” etc.
Representation drafted by:
1. Muralidharan, General Secretary, National Platform for the Rights of the Disabled (NPRD)
2. Roma Bhagat, Advocate, Delhi High Court
3. Seema Baquer, Cross-disability Professional
4. Sadhna Arya, Gender and Disability Activist
Endorsed by:
(In alphabetical order, in each category)
Disability Rights Organisations
1. Abdul Mabood, Snehi
2. Ann Gonsalvez, Multiple Sclerosis Society of India - Chennai Chapter
3. Arpuda Rajan, Zonal Secretary, Karnataka State Disabled & Caregivers Federation
4. Delhi Viklang Adhikar Manch
5. Dipti Bhatia, CEO NAB, Tamil Nadu Branch
6. G Ravi, Head Disability Programs, Fourth Wave Foundation
7. G Thiraviyam, Head Disabilities Programs, Fourth Wave Foundation
8. Gireesh Kheerti, Differently Abled Welfare Federation, Kerala
9. Gopinath Ramakrishnan, Trustee, Special Child Assistance Network
10. Gujarat Viklang Adhikar Manch
11. Indrani Basu, Head Family and Parent Empowerment, Action For Autism
12. Jahir Abbas, Sparsh Foundation for Children
13. Jansi Rani, Tamilnadu Association for the Rights of All Types of Differently Abled & Caregivers
14. Javed Ahmad Tak, Founder Humanity Welfare Organization HELpline
15. K N Sudeendra Kumar, President, Swamy Vivekananda Angavikalara Okkutta
16. K R Chakravarti, Disabled Association
17. Kanti Ganguly, Paschim Banga Rajya Pratibandhi Sammelini
18. Karnati Srinivas, General Secretary Visually Challenged Employees Association, Telangana
19. Kavita Sharma, Hon. Secretary, The Serrendip
20. Ketaki Bardalai, Executive Director, Shishu Sarothi Centre for Rehabilitation & Training for Multiple Disability
21. Ketna Mehta, Founder Trustee, Nina Foundation
22. KVJ Dr Sumithra Prasad, Founder General Secretary, DORAI Foundation
23. M Adivaiah, Vikalangalu Hakulu Jatiya Vedike, Telangana
24. Madhya Pradesh Viklang Adhikar Manch
25. Merry Barua, Action For Autism
26. Musta Manav, Trustee, Aarambh for Inclusion
27. Dr. Nidhi Singhal, Action for Autism
28. Pavan Muntha, CEO, Swadhikaar
29. Prateeksha Sharma, Bright Side Family Counseling Center
30. Prem Roop, Hemophilia Bangalore Chapter
31. Puneet Singh Singhal, Director, ssstart
32. Raj Mariwala, Mariwala Health Initiative
33. Rishikesh Rajli, Haryanaka Viklang Adhikar Manch
34. Ritesh Vaigankar, Member Disability Alliance for Inclusive Goa
35. S. Namburajan, Working President, NPRD
36. Dr. Seema Girija Lal [Ph.D.], Founder, Together We Can, Kochi, Kerala
37. Shivam Singh Negi, Indian Blind Football Federation
38. Sini Biju Jose, Founder, Achievance ALS Bengaluru
39. Smitha Sadasivan, Member, Disability Rights Alliance
40. Smriti Shankar, Sr. Manager, Muskaan-PAEPID
41. Snigdha Sarkar, Anwesha, Kolkata
42. Srinivasa Prasad, Founder - SAI Centre
43. Sudipendu Dutta, Coordinator, Ankur Advocacy Group, Indian Institute of Cerebral Palsy
44. Thilakam Rajendran, Director, Nedar Foundation
45. Tripura Rajya Pratibandhi Mancha
46. Umesh Sharma, Chairman Disabled Care Foundation
47. Vikalangalu Hakulu Jatiya Vedike, Andhra Pradesh
Persons with Disabilities & Disability Professionals
48. Aditi Muranjan, Special Educator, Learning & Development Lead
49. Amiyo Biswas, An Indian citizen with disability
50. Anita Balachandran, Special Educator
51. Farida Raj, Remedial Educator and Counsellor
52. Hema Gowri, Freelancer Consultant in Special Education
53. Honey Oberoi Vahali, Psychoanalyst, Clinical Psychologist and Professor of Psychology
54. Kalpana Tikoo, Mother of PwD
55. Mohamed Asif Iqbal
56. Narendra Sathe, Associate Accessibility Tester at Barrier Brake Solutions, Mumbai
57. Nilesh Singit, Independent Disability consultant
58. Poorva Chadha Kapoor, Early intervention consultant
59. Pratik Aggarwal, Disabilty Professional
60. Renu Addlakha
61. S.V. Jayasri, Multiple Sclerosis Patient
62. Sheshangi Swaroop, Special Educator, Parent
63. Shilpi Bhattacharya
64. Shreshta Das, Gender, Sexuality & Disability Justice Activist
65. Shriyuta Abhishek, Volunteer, NPRD
66. Shubhangi Vaidya
67. Som Krishan, Lecturer (Special Education) & Accessibility Consultant
68. Upendra Shamal, Block Resource Person
69. Dr. V Janaki, Social scientist & Disability Rights Activist
70. Dr. V.S. Karthikeyan, Senior Occupational Therapist
71. Viveka Chattopadhyay, Consultant - Autism and Cerebral Palsy
72. Zehra Zaidi, Person with Disability & Intern Teacher
Other Organisations
73. Abha, One Billion Rising India Coordinator
74. Anand Devsharma, Director, Kickoff Solutions
75. Annie Raja, National Federation of Indian Women
76. Asha Sharma, Janwadi Mahila Samiti, Delhi
77. Bahutva, Karnataka
78. Chayanika Shah, Hasrat-e-Zindagi Mamuli & Forum Against Oppression of Women
79. Deepti Bharti, NFIW Delhi State Unit
80. Harpuneet Kaur, President, Panjab Feminist Union of Students
81. K R Raja, Global Network for Equality India
82. Kamayani Bali, Founding Member, Punjab Women Collective
83. Kavita Srivastava, People’s Union For Civil Liberties
84. Madhu Bhushan, Gamana Mahila Samuha
85. Maimoona Mollah, Janawadi Mahila Samiti, Delhi
86. Mariam Dhawale, All India Democratic Women's Association
87. Meera Sanghamitra, National Alliance of People's Movements (NAPM)
88. Mukta Srivastavav, FAOW
89. Neerja Rajeev Prasad, ICWM
90. Nisha Biswas, Feminists in Resistance
91. R. K. Doss, Director, Women's Organisation and Rural Development (WORD)
92. Rajesh Y, Trainer at EnAbleindia
93. Ritash, WSS
94. Saheli Women's Resource Centre
95. Sandhya Gokhale, Forum Against Oppression of Women
96. Shambhavi Sharma, General Secretary, COLLECTIVE
97. Sudheer, Trustee, Starck Foundations
98. Vinod Kumar, IPTA, Patna
Eminent Personalities
99. Cedric Prakash, Human Rights, Reconciliation and Peace Activist / Writer
100. Farah Naqvi, Independent Writer & Activist
101. Joseph Maliakan, Veteran Journalist
102. Kavita Krishnan, Feminist activist, Delhi
103. Mary E John
104. Nandini Rao
105. Pamela Philipose, Independent Journalist
106. Sujata Madhok, Independent Journalist
107. Uma Chakravarti, Retired Teacher, Feminist Historian
108. Vani Subramanian, Independent film maker
Other Signatories:
Academicians, Activists, Lawyers, Students, Individuals
109. A N Damodaran, Social Worker
110. Dr. Aditya Sanjay Lohiya, Medical Officer
111. Afsheen Rizvi, Student, JNU
112. Aishwarya Bhuta, Student, University of Sheffield
113. Alka Ranjan, Self-employed
114. Amita Pitre, Gender Specialist and Development Practitioner
115. Anjali Sharma, Homemaker
116. Anjli Sharma
117. Annamalai
118. Annie Hasan, Genetic Counselor
119. Anny, Pharmacist
120. Anup Kumar Hota
121. Anupama Jha, Teacher
122. Anuradha Banerji, Independent Researcher
123. Anuradha Srivastava
124. Dr. Aravinda Bhat, Assistant Professor, Department of Languages, Manipal Academy of Higher Education
125. Archana Singh, Delhi
126. Archana, Researcher
127. Aruna Burte
128. Ashish Sehgal
129. Ashutosh Pal
130. Babul Lodhi, Student
131. Banibrata Mahanta, Professor of English, Banaras Hindu University
132. Basanta Kumar Samal, Tulagaon
133. Bizeth Banerjee, Retd. Academic
134. Chhaya Datar, Retd. Professor
135. Chitra Iyer
136. Deepak kumar, Human Rights Activist
137. Devaraj Balappagari, Doctoral Student at Jawaharlal Nehru University
138. Devyani Bhardwaj, Writer
139. Diamond Oberoi, Teacher
140. Dimple Oberoi Vahali, Independent Activist
141. Dinanath Yadav
142. Gopal M Venu
143. Gulab Pasha, Swaraj India
144. Hardik, Student, Tata institute of Social sciences
145. Hari Kumar M E, Software Engineer, Randstad
146. Hechin Haokip, CWC Manipur
147. Helen Saldanha
148. Hema Jairam
149. Hidha, Student, JNU
150. Indira C, Delhi
151. Indrani Basu
152. Jeson J Thomas, Student, Bharathiar University
153. Julie, Lawyer
154. Jyoti
155. K.P. Ketki Ranade, Teacher
156. Kakarla Nageswaraiah
157. Kalyani Vippagunta
158. Karthik Chandrasekar
159. Kempaiah Kempaiah
160. Kenzer Bing
161. Kisha, Journalist
162. Lata Menon
163. Lata Singh, Associate Professor, JNU
164. Laxmikant Mhalagi, Assistant Professor, G.V.M.'s G.G.P.R. College of Commerce and Economics, Ponda, Goa
165. Madhuri Paturi
166. Manisha Sharma, Homemaker
167. Mayuri Atre, Music Teacher
168. Meghna Roy, Doctoral Research Fellow, University of Oslo
169. Monika, Student, Gargi College
170. Mukund Jha
171. Muruganantham, Advocate
172. Naga Sai Kallam
173. Nandita Gandhi
174. Navin Sharma, Scientist
175. Neha Agarwal, Dental Surgeon
176. Nidhi, Environment and Feminist Activist
177. Nitin Taneja, Volunteer
178. P Rohit
179. Pankaj
180. Parvez khan
181. Pauline
182. Pooja
183. Pooja H.M
184. Poonam Batra
185. Prachi Gupta
186. Prajval Shastri, Astrophysicist
187. Pramod Yadava, Visiting Professor, IISER, Berhampur
188. Pratham Kumar Singh
189. Pratheek Bhat, Student, JNU(Delhi)
190. Priyanka De, Assistant Professor, Presidency University Kolkata
191. Prof. Najmul Hassan, Academician
192. Purwa Bharadwaj, Writer, Editor, Educator
193. Rajat
194. Rakhi Sehgal, Independent Researcher
195. Dr. Rosemary Dzuvichu, Professor, Nagaland University
196. Runu Chakraborty
197. S. Krishnaswamy, Retd Prof Madurai Kamaraj University
198. Sadhna Saxena, Educationist
199. Saswati Ghosh, Associate Professor, City College
200. Shàhira Naim, Independent Journalist
201. Shakun Doundiyakhed
202. Shikha Uma Agarwal, Lawyer
203. Shrila, Former Teacher
204. Sri Harsha M, MA, JNU
205. Subhakar
206. Sudha Bhattacharya, Ashoka University
207. Sujata Mohapatra, Homemaker
208. Susheel Katariya
209. Tony Kurian, PhD candidate, IIT Bombay
210. Varsha
211. Vijesh, Lawyer
212. Vineeta Bal, Academic
213. Vinukumar Ranganathan, Consultant
214. Vishwesh Shekar, Advocate
215. Visnhu
216. Yousuf Zaheer
Endorsements received after submission:
217. Poonam Natarajan, Director, Vidyasagar
218. Srinidhi Raghavan, Researcher, Writer, Educator
219. Geetu, Special Educator
220. Aruna Gnanadasan, Consultant