Considering to put in place a uniform civil code (UCC) for the entire country has nothing to do with any religion or faith as it is a secular concept, Justice B.S. Chauhan, chairman of the Law Commission of India said here on Thursday. “We will submit a neutral and secular report,” Justice Chauhan said.
Speaking to this correspondent at his residence, Justice Chauhan said, “If you connect UCC with any religion, then there will be a problem. Having the UCC will leave no room for personal laws or separate laws governing marriage, divorce, succession and related matters. People must be made to understand that it concerns the dignity of an individual. The immediate task of the Commission is to consider whether time has come for having a UCC in the light of the various pronouncements of the Supreme Court in this regard. In Goa we have a UCC for the State and nobody has opposed it.”
Implementation of a uniform civil code has been a core issue of the BJP and the NDA governments in 1989 and 1999, but it could not succeed in its earlier attempts. Last week, the Modi government in tune with the BJP’s election manifesto had asked the commission to examine the feasibility of having a UCC and to submit a report.
Asked whether the government’s move has anything to do with Assembly elections in Uttar Pradesh, Justice Chauhan said, “There is no politics involved in this exercise and there is no demand from the government to complete it before the UP elections. We are not in a hurry. This will be an extensive exercise and is expected to take time. We are in the process of collecting materials.” He said there are several criminal and agricultural laws which are applicable to the whole country and there is nothing wrong in considering a UCC.
Asked whether the commission had met to discuss the issue, Justice Chauhan said the commission has only two full time members (including the chairman) and two part-time members. We met and discussed the issue. Some more members are yet to be appointed. Once there is full commission we will formulate the issues and put them on the website for the feedback of the stake-holders. He said “one of the issues is whether time has come to have a UCC; if so whether the views of the political parties should be taken into consideration or not. Already we have received some emails from the stake-holders concerned and we will seek their views.”
On triple talaq form of divorce and opposition to interfere with personal laws, Justice Chauhan said even the Supreme Court has entertained petitions challenging triple talaq. It is a sentimental issue and a human problem and not a legal problem, he said and added that even Muslim countries like Turkey, Iran have a UCC for their citizens. He said as early as in 1954 the Bombay High Court said that time has come for a UCC. Subsequently there are Supreme Court judgments in 1995 or 96 and in 2003 stating that Parliament must consider introducing a UCC. Law has progressed so much in the last 13 years that the Commission will first examine whether time is ripe to have a UCC, he said.
