The progressive way (Just laws versus Uniform laws in context of U.C.C.)

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The progressive way (Just laws versus Uniform laws in context of U.C.C.)

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• Law Commission’s view: The consultation paper boldly says that a Uniform Civil Code is neither necessary nor feasible at this stage in India.
• What about “One Nation, One Law”? This theory takes a beating. What the Law Commission has asserted is the value of “Legal Pluralism” and “Radical Libertarianism”.
• What is Legal Pluralism? Throughout history, it was not necessarily so that the the State was the only source of law. Multiple sources of law have existed in societies.
• What Law Commission suggested? It recognised the plurality of personal laws in each community, and advised reforms for each. They must come in sync with constitutional provisions for equality and non-discrimination.
• What about the Supreme Court’s pronouncements? The S.C. has advocated the creation of a Uniform Civil Code (UCC). Perhaps those observations were without taking into account the ground realities.
• Constituent Assembly’s stand: After a long debate, the UCC provision was not added to the chapter on fundamental rights, but made non-justiciable.
• Common versus Uniform: The Article 44 uses the word “Uniform” and not “Common”. Uniform means same in similar conditions. Common means one and same in all conditions.
• Personal Laws are in the Concurrent List: Why would the framers do this? To give the regional freedom (to states) to frame laws as per their situation. We can say that different personal laws are not necessarily due to different religions.
• Even criminal laws are not uniform! States can amend the Indian Penal Code (IPC) 1860 Code of Criminal Procedure (CrPC) 1973. Example? Punjab’s sacrilege law 2018, by adding Section 295 AA to the IPC.
• Other variations in India: Not all Hindus are governed by the Hindu Code Bill. Muslims and Christians too are not. Nagaland’s customs are unique, and protected by the Constitution. Hindus in Goa are governed by the Portuguese Family and Succession Laws (reformed Hindu Law 1955-56 not applicable).
• What are our real issues? The DPSP talk of many other issues that no one is willing to talk about – Right to Work, Living Wages, Avoiding concentration of wealth, etc.
• Go stepwise, not wholesale: Going forward, we should try to do piecemeal reforms only. It is more important to have just laws, than a uniform law.
• Summmary : The need for just laws is far higher than the push for a uniform law, and there are other DPSP that should be focussed on first.

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