On July 3, officials from the Law Ministry, informed a parliamentary standing committee headed by BJP MP Sushil Modi that they are awaiting the 22nd Law Commission report to proceed with their process on uniform civil code. Law Commission Member-Secretary Khetrabasi Biswal said on since June 14, the commission published a public notice inviting feedback on the subject. Retired Justice Deepak Gupta of the Supreme Court tells The Hindu, he is in favour of the uniform civil code, because we need to remove ancient practices, prevalent in many laws, but it needs to be well thought out.
No draft of the proposed uniform civil code has been shared by the government, yet the Law commission is inviting feedback on bringing in UCC, this a common practice?
I am in favour of the uniform civil code, but it must be very well thought out. There must be much more widespread discussion and efforts should be made to clear doubts which some people may have about it. The impression given today is that anything with Muslim law is not good and everything with Hindu law is good. That’s not true. This [UCC] is being brought in just before the 2024 elections. With the Mandir [Ram] being built.. This seems to be something alive and ticking till the next elections..
Infact the Law Commission in its report in 2018 rejected the proposal to have a uniform civil code. There are good things and bad things in a lot of laws, like gender equality, is missing in many laws. In Muslim law, you have the practice of Mehar (given by husband to wife to ensure her financial security). That is a very good practice. In Hindu law, we have the restitution of conjugal rights, which is an absurd law according to me. A woman can’t be told to, you must go back to your husband. So, will this go? Will the Hindu Undivided Family go? We need to discuss on the UCC, you can’t have it overnight and in a very secret way, form a committee of three in Uttarakhand and say, okay, we’ll make this. There must be a concerted effort over three, four years.
They’ve [BJP] has been in power for nine years. Suddenly in the 10th year, they have woken up with this idea. There may be different intentions.. I am in favour of a uniform civil code because we need to remove ancient practices, prevalent in many laws, all over the country. But then we may also think of something which is an amalgamation of a uniform civil code, while still respecting certain customs and rights, which do not impinge upon the fundamental rights of the citizens.
Given the widespread opposition against bringing in UCC, what according to you, is the most contentious aspect about it?
I feel if WhatsApp is true, there seems to be a widespread acceptance of the Law Commission, everybody says, yes, we want the UCC. Most of us get swayed by the political lines or religious lines and say yes or no without understanding what the real issues is involved. As far as Adivasis and tribals are concerned, their customs are saved even under Article 30 (right of minorities to establish and administer educational institutions) of the Constitution of India, which says that custom is also law. But supposing there is a custom which is totally abhorrent to gender equality or the fundamental rights of the citizens, that must give way. In Meghalaya, there was a custom that if a girl is raped and the accused gives a pig to the father, then that finishes the matter. Can you have a custom like that in today’s world? So not everything in tribal law is right. In India, you should have common laws as far as possible and you could still have provisions respecting the customs, respecting the traditions, respecting what is inherent with each religion or each society, whether it’s Adivasi or not.
What would you say was the inherent reason for inclusion of UCC as part of Directive Principles of State Policy?
In my view, when the Constitution’s founding fathers sat together, they genuinely felt that over a period, we should have one law for everybody. That there should not be different laws just based on religion. Pandit Jawaharlal Nehru started the effort with the majority community to modernize the Hindu law, but then that didn’t go to the other side. The next should have been the Muslims, but they didn’t accept. They were more orthodox.
Do you think UCC can be passed without completely changing any laws that are in place today?
Once UCC is made, personal laws, inheritance laws, the Indian Succession Act, Guardian and Wards Act, a lot of laws will have to be looked at. We need discussion to come up with something which is acceptable to a vast majority as nothing can be acceptable to all at any time.
Would you say that UCC is the only way to ensure uniformity in laws for all sections in this society?
Not really. But then the communities must come forward, wherever the laws are regressive. As per Muslim law, a marriage is a contract and in Hindu law, it’s a sacrament. Can you have a uniform civil code regarding both? I think that’s very difficult. You can have a uniform civil code that all marriages should be registered. We need to appreciate the diversity and make it into a lovely looking bouquet instead of making it a monotone.
