To,
Chairman & Member Secretary,
Law Commission of India,
4th Floor, Lok Nayak Bhawan,
Khan Market, New Delhi,
110 003.
Email : membersecretary-lci@gov.in

Date: 06 /July/2023

Subject: Public Notice dated 14th June 2023 published regarding Uniform Civil Code

At the outset, captioned notice published by Law Commission of India is unclear, vague, too general, and confusing as the UCC issue is not only vast, complicated, and impractical in multi religious society. Uniform Civil Code will undermine the cherished values of diversity as we express it in our values, traditions, customs, culture, language, and religion.
It is not an issue which affects a particular community, it must be watched in a wider context every community's religious belief must be safeguarded. I am making this brief submission to oppose Uniform Civil Code on the following grounds:

1. The objective of this exercise is to learn views & ideas from citizens of India and all stake holders to bring legislation to ensure uniform laws on marriage, divorce, alimony, succession, inheritance, adoption, and other allied issues for all communities. However, ideally the blue print or proposed draft of the Uniform Civil Code must be prepared and released to seek ‘views & ideas’ from public at large, constitutional experts, academia, recognized religious organizations, community leaders, political leadership & NGOs followed by holding widespread discussion to arrive at broad consensus before going ahead with the plan.

2. The former (21st) Law Commission, after wide consultations and reviewing responses over two years had produced a ‘consultation paper’ observing that UCC was ‘neither necessary nor desirable at this stage’. The previous law commission had observed its consultations lacked consensus among stakeholders. Therefore, any other contrary findings shall raise questions about integrity, independence, and impartiality of the Law Commission with respect to its findings based on same issues.

3. The earlier Law Commission had concluded that instead of bring Uniform Civil Code (UCC), it would be appropriate to address crucial issues by changing laws for ensuring uniform age of marriage, stricter ban on child marriage, gender parity, codifications in personal laws for gender equality ‘within communities’ rather than seeking the more contentious parity ‘between communities.

4. Fundamental right to freedom of religion is guaranteed under Article 25,26,27 and 28 of part III of the Indian constitution. Uniform Civil Code would infringe upon the freedom of religion guaranteed by Article 25 of the Indian Constitution, not just for minorities but also the majority religion. Article 29 protects the right of minorities to preserve and protect their distinct culture. There is a legitimate fear that a uniform code would destroy the unique culture and traditions of minorities. With codification of uniform rules and its compulsion, the scope of the freedom of religion will be reduced.

5. Fundamental right to freedom of religion is guaranteed under Article 25,26,27 and 28 of part III of the Indian constitution. Uniform Civil Code would infringe upon the freedom of religion guaranteed by Article 25 of the Indian Constitution, not just for minorities but also the majority religion. Article 29 protects the right of minorities to preserve and protect their distinct culture. There is a legitimate fear that a uniform code would destroy the unique culture and traditions of minorities. With codification of uniform rules and its compulsion, the scope of the freedom of religion will be reduced.

6. It is common perception that the UCC will displace personal laws which govern marriage, divorce, inheritance, and other family issues of all communities. Personal laws are integral element of religion and society. India is a secular state and it must not do anything that would jeopardise the people's religious and cultural ethos. Any tempering with personal laws would be equal to interfering with the whole way of life of people who had followed them from generation to generation. The Uniform Civil Code shall violate the constitution of India article 13 (13) (a) of the constitution which states that the laws include ‘custom or usage having in the territory of India’. According to Article 13 of the Indian Constitution, the term “law” includes “customs” and “usages” that have legal effect. A reasonable and definite ancient custom, like a legislative Act, is obligatory on the courts. That the Article in the constitution to enact Uniform Civil Code (UCC) is placed under “the Directive Principles of State Policy” 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. In the constitutional scheme of things, fundamental rights are held in higher pedestal and an article under the directive principles of State Policy cannot nullify or override the fundamental rights guaranteed under Article 13 (3) (a) of the constitution of India. Article 13 (1) of the constitution states that ‘All laws in force in the territory of India immediately before the commencement of Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void”. Therefore, a Uniform Civil Code is unconstitutional.

7. Instead of thrusting a uniform code, we should focus in encouraging dialogue, understanding and gradual reforms within communities through social engineering to weed out undesirable practices. It is through these means that we can strike a balance between individual rights, freedom, and communal harmony

8. The enactment of UCC will be in the contradiction of various other Articles of the Indian Constitution including the fundamental rights mainly Article 25-28. UCC is functionally problematic and practically not possible, it is difficult for one uniform civil code to harmonise customs across all religions. There is immediate need to initiate community-led reforms in all social groups for women empowerment, gender justice and not to draft UCC with goal to polarise the communities along religious lines.

9. That there is absolutely no clarity on several important aspects as stated herein and needs immediate justified replies:

i) The Civil Code in Goa, which is often given as an example of a model uniform civil code, has different provisions for different religions and may not be equitable for women. What happens to Portuguese in Goa and laws in Goa after UCC is applied ?

ii) It would lead to the dilution of the special privileges that the Constitution guarantees to tribal communities in the North East. These special entitlements, enshrined in Article 371 (A, B, C, F, G, H) and the Sixth Schedule of the Constitution, allows for a certain degree of autonomy to communities to function under their customary laws.
The Constitution, which grants special provisions that Naga & Mizo customary law cannot be overridden by Union Parliament. Certain tribal areas in Assam, Meghalaya, Tripura and Mizoram, nothing will apply to them unless their own state legislatures ratify the centre's decision. Moreover, no enlightenment on tribals of other states if UCC is implement. How UCC will alter the religious or social practices, customary laws, cultures of tribals and ethnic groups ?

iii) Positive aspects of Muslim law such as the concept of ‘mehr’ and a onethird limit for willing away property, which ensures that some property is available to the legal heirs, including daughters and other women by succession. Will that be abolished?

iv) Marriage in Christianity is a scarcement and facet of religion, and if UCC provides for marriages to be registered before an authority like registrar, it denigrates and desecrates a holy sacrament. That apart, Christians have a practice of having marriage counselling before consecrating a marriage. Ultimately, The UCC targets practices and interferes with the free practice of one’s religion. Will UCC will be the end of this practice?

v) UCC will have repercussions not only for minorities such as Muslims, Christians, it will also have substantial effect on Sikhs, Jains, Buddhist, and hundreds of tribes, ethnic groups, schedule castes/tribes and among various sects in Hindus such as Aliyasantana in Dakshina Kannada in Karnataka and Marumakkathayam in Kerala. The Mitakshra and Dayabhaga schools of Hindu laws continue to exist. Therefore, there is no uniformity of civil laws, even among the Hindus. Why there is no clarity on this in the proposed UCC draft?

v) UCC will have repercussions not only for minorities such as Muslims, Christians, it will also have substantial effect on Sikhs, Jains, Buddhist, and hundreds of tribes, ethnic groups, schedule castes/tribes and among various sects in Hindus such as Aliyasantana in Dakshina Kannada in Karnataka and Marumakkathayam in Kerala. The Mitakshra and Dayabhaga schools of Hindu laws continue to exist. Therefore, there is no uniformity of civil laws, even among the Hindus. Why there is no clarity on this in the proposed UCC draft?

vi) What about Hindu Undivided Family (HUF) ? Millions of Hindus who do business and holds agricultural lands under HUF because in Indian taxation, that becomes a very beneficial category for Hindus. Also, there is difference between self-acquired property and ancestral property. Will it be discontinued permanently once UCC is enacted?

vii) Currently, Sikh marriages are done under the Anand Marriage Act but since the act does not address the issue of separation, divorce cases for Sikhs are addressed under the Indian Penal Code (IPC) and the Hindu Marriage Act. What laws will govern a Sikh marriage?

viii) What will be the status in UCC draft about unconnected religious custom like curbs on entry of women into mosques, entry of Parsi women married outside the community into Agiyaris (fire temples) and practice of female genital mutilation among Dawoodi Bohra community?

ix) How the crucial Places of Worship Act 1991 will be impacted on after execution of UCC?

x) How is law commission’ plan with regards to the religious symbols of different religions, faiths, beliefs in the blue print/draft of UCC ?

xi) What about religion based waqf act and how it is treated or included in UCC draft ? Will Uniform Civil Code makes Wakf Act Automatically Defunct as it's foundation is also Religion based ?

The world has moved away from assimilationist approaches to the celebration of diversities in the world. India is a diverse nation, having religious, cultural, and linguistic diversity like none other. If you take one set of personal laws and apply it with brute force to all religions, sub-sects, and denominations, it would destroy their uniqueness and diversity. The above list is not exhaustive, but indicative.

In the light of the above submission, the Law Commission of India must therefore once again uphold and declare that Uniform Civil Code is neither necessary nor desirable.

I consider my duty to express my strong opposition without any force or coercion of any sort to Reject the proposal of Uniform Civil Code (UCC) and protecting my fundamental rights as a citizen of India.