Law Commission’s report on Uniform Civil Code — undesirable and unnecessary

Source: The post is based on the article “Law Commission’s report on Uniform Civil Code — undesirable and unnecessary” published in The Indian Express on 23^rd June 2023.

Syllabus: GS 2 – Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation

Relevance: About the recommendations of 21^st Law Commission

News: The 22nd Law Commission of India has announced to seek the opinions of the public and recognized religious organizations regarding the Uniform Civil Code (UCC).

Previously, the 21st Law Commission examined the UCC and received substantial responses from stakeholders. After receiving the response, the 21st Law Commission issued a consultation paper on the Reform of Family Law.

What were the recommendations made by the 21^st Law Commission in its report?

Uniform Civil Code (UCC): It recommended that rather than enacting a UCC, family laws of every religion must be reformed to make them gender-just. It talked about the uniformity of rights rather than laws.

Women Issues: The Commission emphasized that women must be guaranteed their freedom of faith without any compromise on their right to equality. It also focused on economic rights of women.

It recommended a series of reforms in the personal laws of all religions as well as the secular laws that place women and children at a disadvantage.

The report also included recommendations concerning the rights of Parsi and Christian women and those married under the Special Marriage Act.

Property Inheritance: The Commission criticised the Hindu coparcenary system — the Hindu Undivided Family (HUF) property. It stated that it was being exploited for tax evasion purposes. Hence, it recommended its abolition.

It suggested the codification of the Muslim law of inheritance and succession and bringing in uniform provisions of succession for Shias and Sunnis.

It emphasized that succession and inheritance should be determined by proximity to the deceased rather than favoring male agnates.

Furthermore, it suggested that a childless Muslim widow should be recognized as a Class I heir and inherit the deceased’s property.

Divorce: It recommended the introduction of “no-fault divorce” in all personal laws and proposed that all property acquired after marriage should be divided between both parties in case of divorce.

The report also highlighted the rights of individuals with disabilities in marriages.

Muslim Polygamy: The commission noted that while polygamy is permitted within Islam, it is rarely practiced among Indian Muslims. It also noted that individuals from other religions sometimes convert to Islam solely to engage in polygamous marriages.

This observation matches with the Supreme Court’s observation in Sarla Mudgal etc. vs the Union of India (1995). The court had recommended the enactment of a UCC in relation to conversion and bigamy.

Custody and Guardianship: The Commission stressed that courts must follow the principle of the “best interest of the child” on custody and guardianship.

Other Issues: The commission refrained from making recommendations on issues such as triple talaq, Muslim bigamy, and the constitutional validity of adultery under Section 497 of the IPC, as these matters were already being addressed by the Supreme Court or Parliament.

What lies ahead?

Despite the 21st Law Commission’s report and its recommendations, the government has not taken any action over the past five years.

Further, the 22^nd Law Commission faces a challenge of coming up with strong reasons in support for the UCC as it was discarded by its predecessor.