CENTRE OPPOSES PIL SEEKING UNIFORM CIVIL CODE BEFORE DELHI HC

The Central government sought the discharge of a writ petition filed by Ashwini Kumar Upadhyay, BJP spokesperson seeking drafting of a Uniform Civil Code (UCC) within three months.

In an affidavit before the Delhi HC, the Law Ministry said that a Uniform Civil Code could be introduced only after an in-depth study of different personal laws governing various communities/religions. The same cannot be done in 3 months based on court orders. Under the Constitution, only the parliament can undertake such a decision, and the court cannot issue any law or direction to the legislature to enact particular legislation. 

BJP Spokesperson moved to the HC seeking a direction to the Central Government to constitute a high-level expert committee to draft a UCC within three months. He contended that the rights guaranteed under Article 14, under Article 15, and under Article 21 cannot be secured unless we implement a Uniform Civil Code. Moreover, Article 44 under the Directive Principles of State Policy calls upon the government to draft a UCC.

The government said that the purpose of Article 44 is to strengthen the "secular democratic republic," as enshrined in the preamble. The subject matter involved requires an in-depth study of the various personal laws governing different communities. Therefore, the Central government requested the Law Commission to study various issues relating to UCC and make recommendations. In view of the same, the Law Commission of India undertook detailed research and, in August 2018,  uploaded a consultation paper titled 'Reform of Family Law' on its website for further discussions. 

As and when the Report of the Commission is received, the Central government would examine it in consultation with the various stakeholders involved in the subject matter. 

It is also important to note that the Law Commission, in its consultation paper, said that a UCC is not desirable at this stage. Moreover, more amendments must be brought to the existing family laws to tackle discrimination and inequality in personal laws.

Author: Papiha Ghoshal