NEW DELHI: Taking exception to the Law Commission of India’s move to examine the Uniform Civil Code, the opposition Congress party on Thursday said the “attempt represents the Modi government’s desperation for a legitimate justification of its continuing agenda of polarisation and diversion from its glaring failures”.
Crediting the Law Commission for producing an “enviable body of work over the decades on numerous issues of national importance”, Congress general secretary (communication) Jairam Ramesh said it should be mindful of that legacy and remember that the interests of the nation are distinct from the political ambitions of the BJP.
In a statement, Ramesh said the Law Commission of India in a press note published on Wednesday notified its intention to examine the Uniform Civil Code. This was being done on a reference sent by the Ministry of Law & Justice, the press note stated.
“It is strange that the Law Commission is seeking a fresh reference when in its press release it acknowledges that its predecessor, the 21st Law Commission, had published a consultation paper on the subject in August 2018,” Ramesh said.
No reason has been given for why the subject is being revisited except for vague references to “the relevance and the importance of the subject and also the various court orders”, Ramesh added.
The Congress leader said the last Law Commission, after carrying out a detailed and comprehensive review, had observed that it was neither necessary nor desirable at this stage to have a Uniform Civil Code.
“While diversity of Indian culture can and should be celebrated, specific groups, or weaker sections of society must not be dis-privileged in the process. Resolution of this conflict does not mean abolition of all differences. This Commission has, therefore, dealt with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage.
Most countries are now moving towards recognition of difference and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy,” Ramesh quoted the 21st Law Commission appointed by the Modi government as having said in Para 1.15 of its 182-page Consultation Paper on Reform of Family Law (submitted on August 31, 2018).