22nd Law Commission has sought Consultation on Implementation of Uniform Civil Code in India

The 22nd Law Commission on Wednesday sought consultation from all stakeholders including the general public as well as religious organizations on the implementation of the Uniform Civil Code.

Prior to this, the 21st Law Commission had also sought the views of various stakeholders on implementation of a Uniform Civil Code. The Consultation Paper on ‘Reforms of Family Law’ on was issued on 31.08.2018.

The official notice states that ” Since more than three years have lapsed since 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 co-existence of various personal laws in India is a result of India’s diverse religious and cultural landscape. These laws govern matters such as marriage, divorce, inheritance, and adoption, among others. A Uniform Civil Code would mean that all the citizens would be under the same set of personal laws, irrespective of their religious affiliations.

In order to ensure the fostering of national integration as well as gender equality, the framers of the Indian Constitution had recognized the need for implementation of a Uniform Civil Code in India.

Article 44 of the Indian Constitution states, “The State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.” Unlike fundamental rights, directive principles are non-justiciable, meaning they are not enforceable by courts. However, they serve as guiding principles for the state in making policies and laws.

Creating a Uniform Civil Code that respects religious and cultural diversity while ensuring gender equality requires a consultative and inclusive approach involving all stakeholders.

The aim of such a process is to address concerns, promote understanding, and foster consensus. Therefore, the Law Commission has now sought views of relevant stakeholders again “bearing in mind the relevance and importance of the subject and also the various Court orders on the subject”.