UCC : Neither Desirable Nor Feasible
UCC : Neither Desirable Nor Feasible
The Issue
Honourable President of India
CJI & Secretary Law Commission of India
Greetings,
The 22nd Law Commission of India has initiated a consultation process to seek public opinion on the Uniform Civil Code (UCC) across the country and has issued this Public Notice on 14 June 2023. We would like to bring to your notice the following points for your kind perusal.
1)
At the outset, the very fact that the Article in the constitution to enact Uniform Civil Code (UCC) is placed under “the Directive Principles” denotes that it only created a ‘power’ and not a ‘duty’. the framers of the Constitution after extensive discussion and debate were pleased to keep it merely as ‘endeavour’ is evidence of the fact that the UCC was then impractical in multi religious society. The enactment of UCC is highly impractical even now because the demographic proportion of multi religious society has not changed in India.
Government can focus on other Directive Principles mentioned in Articles 38, 39, 41,43, 45, 46,47, 49 to lift up the country's falling index level in various aspects to match with international standard.
2)
Article 25--29 guarantees the freedom of conscience, the freedom to profess, practice and propagate religion to all citizens.The enactment of UCC will be in the teeth of various other Articles of the Indian Constitution including the fundamental rights mainly Article 25, Article 26, and Article 29.
At any cost government can not snatch the fundamental rights given in article 25-27 from the people who want to follow their own religious practices to the best of their knowledge.
Government can not deny the right to choose from the available options.
3)
Before moving in the direction of UCC government should focus on reforms in personal laws of every religious community including Hindus, Muslim, Christian Sikh etc,
Government can push for reforms in personal laws of every community with consultations of their respective scholars. They can have their own uniform hindu code, uniform Muslim codes etc.,
4)
Those who are not satisfied with their personal laws can opt for Special Marriage Act to satisfy their needs.
In the alternative as advised by Dr. Ambedkar in the constituent assembly; the uniform Civil Code may be enacted with a provision that it will only apply to those who agree to be controlled by it. It would be feasible for the government as well to maintain fraternity and tranquillity if the uniform Civil Code accommodates the freedom of choice as it was done in the case of the Special Marriages Act 1954.
Already Special Marriage Act is catering to the needs of people who want to opt for secular uniform civil code for Marriage.
Government can amend or improve the already existing special marriage act so that people can choose this act if they are not satisfied with their respective personal laws.
Government can convert proposed Uniform Civil Code (UCC) into Special Civil Code (SCC) with a provision that it will only apply to those who agree to be controlled by it as it was done in the case of special marriage act. Special Civil Code (SCC ) can contain all the rules and regulations for Marriage, Divorce, Succession and Adoption to satisfy all the stakeholders.
5)
Government can educate people to opt for Special Marriage Act even for same caste marriage apart from intercaste marriage. If you see the increase in number of same caste marriage through special marriage act then you can think of converting this Special Marriage Act into UCC /SCC in the future.
6)
UCC will increase the burden of family courts by 200% . It will put burden on the families to incur the cost of lawyers and court fees.
Personal Laws provide easy Marriage /Divorce procedure through arbitration resulting in the smooth and quick relief to the aggrieved parties.
7 )
It is not feasible to apply UCC in the presence of Article 371 (A, B, C, D, E, F, G, H, I ,J) applied on 11 States. Both Article 371 and UCC dilutes each other.
It is not feasible to enact UCC in the presence of caste based reservations. UCC will pave the way for cancellation of caste based reservations to claim uniform treatment and opportunity to all the Indians. People can demand cancellation of reservation system for SC/ ST to obtain equal rights for job opportunity based on merit.
It is not feasible to enact UCC in the presence of Hindu undivided Family Act to claim Uniformity.
UCC will dilute the religious, cultural & Traditional identities of the Muslims, Hindus, Sikhs, Parsis, Jain and Tribals resulting in the loss of beauty of diversity. It will directly effect Tribals of North East States, MP, Telangana and Gujrat. Polygamy, Polyandry, Bigamy , Live in Relationship is prevalent in those Tribes and Castes. It will be difficult for the government to bring them under the umbrella of UCC.
8)
It is quite clear that the Uniform Civil Code is not in the interest of the country and it is not only harmful to the Muslims, but also to the followers of other religions in the country.
In order to maintain the Peace and Tranquillity and the privilege of Unity in Diversity throughout India, it is just and prudent to set aside the issue of UCC in National Interest.
9)
We , the people of India have the right to analyse the draft of the Proposed UCC to let you know our final consent, opinion, objection or reaction in this regard. It is Not Just and Prudent to expect our consent, suggestion or reaction without seeing the draft of the proposed UCC.
Hence,
We , the people of India are not in favour of forceful implementation of uniform civil code without developing consensus from all the stakeholders including Public.
We request your good self to consider the above points to avoid UCC , continue with Personal Laws and Promote Special Marriage Act through various means.
We also request you to come up with Special Civil Code (SCC) for Marriage, Divorce, Succession and Adoption with a provision that it will only apply to those who agree /choose to be controlled by it. SCC can cater to the needs of people who are not satisfied with their respective Personal Laws.
Looking forward to your valued consideration in this regard.
2
The Issue
Honourable President of India
CJI & Secretary Law Commission of India
Greetings,
The 22nd Law Commission of India has initiated a consultation process to seek public opinion on the Uniform Civil Code (UCC) across the country and has issued this Public Notice on 14 June 2023. We would like to bring to your notice the following points for your kind perusal.
1)
At the outset, the very fact that the Article in the constitution to enact Uniform Civil Code (UCC) is placed under “the Directive Principles” denotes that it only created a ‘power’ and not a ‘duty’. the framers of the Constitution after extensive discussion and debate were pleased to keep it merely as ‘endeavour’ is evidence of the fact that the UCC was then impractical in multi religious society. The enactment of UCC is highly impractical even now because the demographic proportion of multi religious society has not changed in India.
Government can focus on other Directive Principles mentioned in Articles 38, 39, 41,43, 45, 46,47, 49 to lift up the country's falling index level in various aspects to match with international standard.
2)
Article 25--29 guarantees the freedom of conscience, the freedom to profess, practice and propagate religion to all citizens.The enactment of UCC will be in the teeth of various other Articles of the Indian Constitution including the fundamental rights mainly Article 25, Article 26, and Article 29.
At any cost government can not snatch the fundamental rights given in article 25-27 from the people who want to follow their own religious practices to the best of their knowledge.
Government can not deny the right to choose from the available options.
3)
Before moving in the direction of UCC government should focus on reforms in personal laws of every religious community including Hindus, Muslim, Christian Sikh etc,
Government can push for reforms in personal laws of every community with consultations of their respective scholars. They can have their own uniform hindu code, uniform Muslim codes etc.,
4)
Those who are not satisfied with their personal laws can opt for Special Marriage Act to satisfy their needs.
In the alternative as advised by Dr. Ambedkar in the constituent assembly; the uniform Civil Code may be enacted with a provision that it will only apply to those who agree to be controlled by it. It would be feasible for the government as well to maintain fraternity and tranquillity if the uniform Civil Code accommodates the freedom of choice as it was done in the case of the Special Marriages Act 1954.
Already Special Marriage Act is catering to the needs of people who want to opt for secular uniform civil code for Marriage.
Government can amend or improve the already existing special marriage act so that people can choose this act if they are not satisfied with their respective personal laws.
Government can convert proposed Uniform Civil Code (UCC) into Special Civil Code (SCC) with a provision that it will only apply to those who agree to be controlled by it as it was done in the case of special marriage act. Special Civil Code (SCC ) can contain all the rules and regulations for Marriage, Divorce, Succession and Adoption to satisfy all the stakeholders.
5)
Government can educate people to opt for Special Marriage Act even for same caste marriage apart from intercaste marriage. If you see the increase in number of same caste marriage through special marriage act then you can think of converting this Special Marriage Act into UCC /SCC in the future.
6)
UCC will increase the burden of family courts by 200% . It will put burden on the families to incur the cost of lawyers and court fees.
Personal Laws provide easy Marriage /Divorce procedure through arbitration resulting in the smooth and quick relief to the aggrieved parties.
7 )
It is not feasible to apply UCC in the presence of Article 371 (A, B, C, D, E, F, G, H, I ,J) applied on 11 States. Both Article 371 and UCC dilutes each other.
It is not feasible to enact UCC in the presence of caste based reservations. UCC will pave the way for cancellation of caste based reservations to claim uniform treatment and opportunity to all the Indians. People can demand cancellation of reservation system for SC/ ST to obtain equal rights for job opportunity based on merit.
It is not feasible to enact UCC in the presence of Hindu undivided Family Act to claim Uniformity.
UCC will dilute the religious, cultural & Traditional identities of the Muslims, Hindus, Sikhs, Parsis, Jain and Tribals resulting in the loss of beauty of diversity. It will directly effect Tribals of North East States, MP, Telangana and Gujrat. Polygamy, Polyandry, Bigamy , Live in Relationship is prevalent in those Tribes and Castes. It will be difficult for the government to bring them under the umbrella of UCC.
8)
It is quite clear that the Uniform Civil Code is not in the interest of the country and it is not only harmful to the Muslims, but also to the followers of other religions in the country.
In order to maintain the Peace and Tranquillity and the privilege of Unity in Diversity throughout India, it is just and prudent to set aside the issue of UCC in National Interest.
9)
We , the people of India have the right to analyse the draft of the Proposed UCC to let you know our final consent, opinion, objection or reaction in this regard. It is Not Just and Prudent to expect our consent, suggestion or reaction without seeing the draft of the proposed UCC.
Hence,
We , the people of India are not in favour of forceful implementation of uniform civil code without developing consensus from all the stakeholders including Public.
We request your good self to consider the above points to avoid UCC , continue with Personal Laws and Promote Special Marriage Act through various means.
We also request you to come up with Special Civil Code (SCC) for Marriage, Divorce, Succession and Adoption with a provision that it will only apply to those who agree /choose to be controlled by it. SCC can cater to the needs of people who are not satisfied with their respective Personal Laws.
Looking forward to your valued consideration in this regard.
2
The Decision Makers
Petition created on 15 July 2023