Team Clarion
NEW DELHI – The Uniform civil code(UCC) has the potential to become the lightning rod for Polarisation, and the timing and nature of consultation raise further apprehension on the intent behind the entire exercise. In this milieu, Jamaat-e-Islami-hind has submitted its view to the Law Commission of India, in response to the public notice dated June 14, 2023, soliciting public opinion on the concept of the Uniform Civil Code.
On Saturday, the Muslim group said that the most recent consultation is bewildering, to say the least, especially in light of the fact that the 21st Law Commission completed a similar task between 2016 and 2018 and recommended in its consultation paper that UCC was “neither necessary nor desirable” in the context of the fundamental value of respect for India’s diversity and pluralism.
“At the outset, we feel that the meaning and connotation of the Uniform Civil Code are vague and unclear. There are many impending vagrancies that make this task complicated and nearly impossible to provide a fair and comprehensive opinion,” said the Jamaat in a press release.
The group pointed out that the idea of Uniformity contradicts India’s diverse and plural social, cultural, and religious heritage, as well as the Constitutional ethos of ‘Unity in Diversity. Therefore, any manner of enacting the directive principle contained in Article 44 shall be ultra vires of the constitution, if it conflicts with a citizen’s rights under Article 25 or Article 29. As far as the question of Muslim personal law is concerned, it must be clarified that adherence to Islamic law in matters such as marriage, divorce, succession, and related matters is considered a religious obligation by Muslims, and is considered an essential facet of the ‘practice’ of their religion, which is protected by Article 25 of the Constitution.
“In conclusion, we believe any imposition of a Uniform Civil Code to the exclusion of faith-based and customary practices in a multi-religious and multicultural country like India would not only be undesirable but also pose a threat to the very fabric and cohesion of society. As one of the largest Muslim organisations in India, we appeal to the Law Commission of India to uphold its previous stance and recommend to the Government of India, that it should abstain from any misguided attempts to interfere with personal laws. We strongly believe such interference can potentially harm India’s cherished unity in diversity,” reads the press statement.
