BJP bats for keeping N-E states, tribals out of Uniform Civil Code ambit

At Monday’s meeting of a parliamentary panel to discuss a uniform civil code (UCC), Bharatiya Janata Party’s (BJP’s) Sushil Modi argued that laws related to Scheduled Tribes and states in the Northeast should be kept out of the purview of any proposed UCC.

Sushil Modi, chairperson of the parliamentary standing committee on personnel, public grievances, law and justice, stressed that a community’s inability to reform its personal laws should not become a prolonged pretext to not amend discriminatory laws.

The Rajya Sabha Member of Parliament (MP) said the Hindu Code Bill was passed despite protests from large sections of the Hindu community, and it was the responsibility of the society at large to end discriminatory laws that have continued in the name of customs.

 

He urged other members to discuss discriminatory laws related to polygamy, divorce and maintenance, adoption and property rights of women where they were more likely to reach a consensus. Other contentious issues, such as the Hindu Undivided Family, were not discussed.

However, several Opposition MPs, including Dravida Munnetra Kazhagam’s P Wilson, Congress’ Vivek Tankha and Manickam Tagore, in the 31-member panel said the government had stirred the renewed debate on UCC with an eye on the 2024 Lok Sabha polls.

In a separate written statement, Tankha, also Supreme Court advocate, reiterated the 21st Law Commission’s view that “it is essential at this stage to deal with laws that are discriminatory rather than providing a UCC which is neither necessary nor desirable at this stage”.

He said the diversity of personal laws should be maintained, but neither should they contradict fundamental rights. The Congress MP said personal laws were an expression of the freedom of religion.

Shiv Sena’s Sanjay Raut said several countries, especially Western democracies, had a common civil law while calling for looking into concerns of different communities and regions. He also questioned the consultation's timing.

BJP’s Mahesh Jethmalani defended the need for a UCC and alluded to the Constituent Assembly debates. The members of the Bharat Rashtra Samithi did not oppose a UCC but underscored the need for consultation. Interestingly, the Bahujan Samaj Party MP also supported the need for a UCC.

Sushil Modi argued for keeping laws related to areas governed by Article 371 from the ambit of any proposed UCC and noted that all laws had exceptions. It was also pointed out in the meeting that the central laws are not applicable in some Northeast states without the concurrence of their respective legislative assemblies.

Communities in the Northeast, as also political parties, including BJP’s allies, such as Meghalaya Chief Minister Conrad Sangma, have protested any attempt to change the region’s laws.

The Law Commission, represented in the meeting by its member secretary K Biswal, said it had received 1.9 million suggestions as part of its month-long consultation that it started on June 13.

Members questioned the need for a renewed process of consultation when the 21st Law Commission submitted its report on the subject. However, it was pointed out that the 21st Law Commission presented not a report but a “consultation paper” on family laws on the last day of its tenure in mid-2018. There was a need to study the issue afresh as nearly five years have elapsed.

Earlier this month, addressing BJP polling booth workers, Prime Minister Narendra Modi triggered the debate on the need for a UCC.