New Delhi, Feb 6: The Congress party asserted on Thursday that a uniform civil code (UCC), as outlined in Article 44 of the Constitution, can only be established through extensive discussions aimed at fostering genuine consensus, and should not be utilized as a political tool for creating ongoing division within the country.
This statement by the opposition party follows the recent implementation of the UCC by the BJP government in Uttarakhand. Additionally, the Gujarat government has set up a committee led by a retired Supreme Court judge to evaluate the necessity for the UCC and prepare a draft bill for the state.
Jairam Ramesh, Congress’s general secretary in charge of communications, described the Uttarakhand UCC as poorly constructed and overly intrusive. He remarked, “It does not serve as a tool for legal reform at all, as it fails to address the real concerns regarding family law that have been raised over the past decade. It has been imposed as a key component of the BJP’s divisive agenda,” Ramesh stated.
Commenting on Gujarat’s recent formation of a panel to draft a uniform civil code, Ramesh pointed out that this follows Uttarakhand’s implementation, which notably exempts scheduled tribes.
He recalled that the 21st Law Commission, appointed by the Modi Government, submitted its comprehensive ‘Consultation Paper on Reform of Family Law’ on August 31, 2018. In this document, specifically in Para 1.15, it states: “While the diversity of Indian culture should be celebrated, we must ensure that specific groups or weaker sections of society are not disadvantaged in the process. Resolving this conflict does not equate to the elimination of all differences.” Ramesh argued that the commission focused on discriminatory laws instead of introducing a uniform civil code, which he believes is neither essential nor appropriate at this time.
He highlighted that many countries are increasingly acknowledging diversity, emphasizing that mere difference does not constitute discrimination but reflects a healthy democracy. Following this, the 22nd Law Commission of India announced on June 14, 2023, its intent to explore the topic of a uniform civil code, based on a reference from the Ministry of Law and Justice. However, the commission was dissolved on August 31, 2024, before delivering its findings on the UCC, and the 23rd Law Commission was formed on September 3, 2024, although its membership has yet to be disclosed.
Ramesh added that the Constituent Assembly, when drafting Article 44 of India’s Constitution, could not have anticipated the potential for several uniform civil codes to be enacted at the state level in a fragmented manner.
“Having multiple uniform civil codes runs counter to the essence of what Article 44 advocates— a uniform civil code across India. Such a code can only emerge from extensive dialogue focused on achieving real consensus,” he emphasized, stating that it should not be weaponized as a tool for political strife. (Agencies)
