Rajya Sabha MP and Member of the Parliamentary Standing Committee on Law and Justice, P. Wilson, has expressed concerns over the reopening of public consultation on the Uniform Civil Code (UCC) by the Law Commission of India. In a letter to the Commission, Wilson argued that the UCC could potentially undermine India’s secularism and erase the unique traditions and cultures of minorities.
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“Reopening an issue that was studied in depth for almost two years and extensive consultations by the previous Law Commission only five years ago is strange, to say the least.”
He further added,
“When there are many issues pending consideration before the Law Commission of India, why is the Commission taking upon itself to reopen a concluded issue relating to Uniform Civil Code? To the public at large, it seems a response to the call of the ruling BJP party at the centre to implement the UCC, with one eye on the 2024 General Elections.”
Wilson also questioned the Commission about the expenditure incurred for consultations, meetings, publishing questionnaires, and other related activities concerning the Consultation Paper dated 31.08.2018.
He asked,
“What steps have been taken in accordance with the many recommendations and suggestions which are highlighted in the Consultation Paper dated 31.078.2018 by the 21st Law Commission of India?”
He expressed concerns that the implementation of a Uniform Civil Code will destroy the diversity of the nation.
“India is a diverse nation, having religious, cultural and linguistic diversity like none other. If you take one set of personal laws and apply it with brute force to all religions, sub-sects and denominations, it would destroy their uniqueness and diversity,”
he said.
Wilson pointed out that the UCC could infringe upon the freedom of religion guaranteed by Article 25 of the Indian Constitution, not just for minorities but also the majority religion. He stated,
“he irony is that proponents of UCC see it as ‘pro Hindu’ but it could do damage to Hindu rights and customs also.”
He also raised concerns regarding the legislative power of the states in implementing the UCC.
“Matters such as marriage, divorce, inheritance, and property rights fall under the Concurrent List of the Constitution, which allows both the central and state governments to legislate on these subjects. However, Article 44 stipulates that a Uniform Civil Code will be applicable to ‘citizens throughout the territory of India’, suggesting that States may not have the power to amend it,”
he stated.
Wilson concluded his letter by urging the Law Commission to address his queries and concerns and give a suitable reply to the Standing Committee before it undertakes any efforts on the issue, “so as to save prevent wastage of public money, resources and time.”