Law Commission’s Circular on Uniform Civil Code Against Constitution: Mushawarat

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The decision appears to have been taken in haste, Mushwarat chief Feroze Ahmad said. He added that the time ambit (30 days) to respond was too short and inadequate. 

Team Clarion

NEW DELHI — The Law Commission’s circular/notice seeking views on Uniform Civil Code (UCC) is a dangerous exercise, unwarranted in nature, and against the basic ethos of the constitution, the All India Muslim Majlis e Mushawarat (AIMMM) maintained here on Wednesday.

The decision appears to have been taken in haste, Mushwarat chief Feroze Ahmad said in a letter sent to Law Commission. He added that the time ambit (30 days) to respond was too short and inadequate. 

Responding to the notice, the president of AIMMM, the umbrella body of Indian Muslims, wanted the Law Commission to spell out the mandate under which it has undertaken the contentious exercise of a referendum on the critical issue of UCC. “It is pertinent to mention that in spite of the historical fact that the 21st Law Commission had in 2018 in its Consultation Paper entitled “Reform of Family” had categorically stated on Page 7 that Uniform Civil Code was neither necessary nor desirable. As of now, it goes without saying that there has been no transformative change, which warrants urgent discussions on UCC. The issue was settled by the above-stated paper of 21st Law Commission of India,” Ahmad’s letter said.

If, at all, the commission thinks it needs fresh discussions on the contentious issue, Ahmad’s letter submitted that the exercise requires a detailed discussion/approach. “It cannot be done in haste to enlist opinion on the dotted lines in a ‘Yes or No’ frame under the directions of the political leadership and just for a formality. It actually warrants a much bigger time window to be given, of not less than 6 months, to all stakeholders to formulate their views,” it said. 

The letter added that a Uniform Civil Code gives rise to a larger debate about the relationship between the State and the citizens in general and between the State and the ethnic and religious groups in particular. “It also raises larger questions about how far the State can go to its sanctioned ideals and shun the distinct identity to be part of ‘the mainstream’. It also poses questions about the need to accommodate opinions in a country like India. The opposition of ethnic groups, tribals’ and religious minorities shows that any discussions on UCC, if necessary, must address larger questions of inequality and asymmetry in society and formulating on such deep and multilayered issues needs a larger time framework.” 

The Mushawarat will send a detailed opinion to the notice in due course of time, letter reads.

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