Law Commission starts fresh exercise on UCC

The Law Commission of India has decided to deliberate afresh upon the Uniform Civil Code. It has invited views and ideas of the public at large and recognised religious organizations for the purpose.

A press release issued on Wednesday, June 14, stated that the 22nd Law Commission of India is inter alia examining the Uniform Civil Code upon a reference sent by the Ministry of Law and Justice.

Initially, the 21st Law Commission of India had examined the subject on Uniform Civil Code and solicited the views of all the stakeholders through its appeal along with a questionnaire issued on October 07, 2016 and further public appeals/notices issued on March 19, 2018, March 27, 2018 and April 10, 2018.

"Pursuant to the same, overwhelming responses have been received by the Commission. The 21st Law Commission has issued the consultation paper on 'Reforms of Family Law' on August 31, 2018. Since more than three years have been lapsed from the date of issuance of the said Consultation Paper, bearing in mind the relevance and importance of the subject and also the various Court orders on the subject, the 22nd Law Commission of India considered it expedient to deliberate afresh over the subject," the present press release said.

"Accordingly, the 22nd Law Commission of India decided again to solicit views and ideas of the public at large and recognized religious organizations about the Uniform Civil Code. Those who are interested and willing may present their views within a period of 30 days from the date of notice," it added.

The Unform Civil Code has separately been deliberated by panels formed at the state level, including by Uttarakhand and Gujarat government led by the BJP.

On January 9, this year, the Supreme Court had declined to entertain a PIL, questioning validity of decision of forming committee by States of Gujarat and Uttarakhand to examine enactment of Uniform Civil Code.

"What was wrong with the committees," a bench led by Chief Justice of India D Y Chandrachud had said as it found the PIL by advocate Anoop Baranwal as devoid of merit.

The Supreme Court has given a series of judicial pronouncements on the need to have a uniform civil code, including the Shah Bano case (1985), the Sarla Mudgal Case (1995) and the John Vallamattom case (1999).

In a judgment on September 13, 2019, Justices Deepak Gupta (since retired), along with Justice Aniruddha Bose of Supreme Court had highlighted that despite founding fathers' wish, no step has so far been taken by the central government for framing a uniform civil code.

The Delhi High Court's single judge benvh of Justice Pratibha Singh, also in a judgment on July 7, 2021, had said that the hope expressed in Article 44 of the Constitution that the State shall secure for its citizen a uniform civil code should not remain merely a hope.