If the 22nd Law Commission gives a contrary report on UCC than the previous commission, then the central government will immediately take steps to bring a law. For the last 9 years, the BJP-led government at the Center has been troubling the minds of the people of the country on the issue of UCC.
Not only the Government of Uttarakhand, the National Law Commission of the country is also preparing a report on the implementation of the Uniform Civil Code (UCC) . It remains to be seen whether the 22nd Commission declares UCC unnecessary on the lines of the previous (21st) Commission or makes it necessary because the Law Commission's report will form the foundation stone of the UCC law to be brought by the Central Government.
Uttarakhand has taken steps to introduce UCC in BJP ruled state governments. In this sequence, Justice (retd) Ranjana Prakash Desai, chairperson of the expert committee constituted by the Uttarakhand government, met Justice Riturat Awasthi, the chairman of the commission. According to sources, the Law Commission is preparing a separate report along with giving suggestions on UCC to the state government. This report will be on the aspect of implementing UCC in the entire country, which will be submitted to the Central Government.
In 2022, Justice Awasthi became the chairman of the 22nd commission.
Remember that in 2016, the central government had asked to consider the feasibility of implementing UCC. In 2018, the 21st Commission issued a consultation paper declaring UCC unnecessary. The term of the 21st Commission ended in August 2018 and the post of the Chairman of the Commission remained vacant for 4 years. In November 2022, Justice Awasthi became the chairman of the 22nd commission.
If the 22nd Law Commission gives a contrary report on UCC than the previous commission, then the central government will immediately take steps to bring a law. UCC is important because it will be a code to replace the personal laws governing the traditions and books related to religion of all sects of Indian society. There will be uniform laws relating to marriage, divorce, succession, adoption and maintenance for all religions and sects.
The government is fumbling with the people of the country on the issue of UCC
On the other hand, Uttarakhand wants to come first in the race to implement UCC. Article 44 of the Constitution gives this right to Uttarakhand. According to this article, the state government (i.e., the central government or the government of the territories) is allowed to make efforts to implement UCC for all citizens of the state, while Madhya Pradesh, Haryana and Gujarat have also declared regarding UCC . But, it is not as easy as it seems to be heard or said.
For the last 9 years, the BJP-led government at the Center has been troubling the minds of the people of the country on the issue of UCC. If we look at the political background, the issue of UCC for BJP is related to the time of Jansangh, whereas since 1989, BJP has included UCC in its manifesto. In April 2019, a resolution letter on UCC was also issued in the presence of PM Narendra Modi at the party headquarters.
If sources in the Law Ministry are to be believed, the government is awaiting the report of the 22nd Law Commission on UCC. It is believed that before the draft on UCC is prepared by the Uttarakhand government, the commission will make its report public on UCC. It is notable that the Supreme Court has also said many times that due to different personal laws in the country, confusion arises. Despite this, no concrete effort was made to implement UCC in the country.
Historical background of UCC is about 200 years old
The historical background of UCC is about 200 years old. The Charter Act was enacted in 1833 during the British control. Under this Act, the first Law Commission was formed in 1835, whose chairman was Lord Macaulay. Since then, UCC has not been implemented in the country, because people of different religions and creeds other than Hindu, Buddhist, Jain and Sikh in the country perform marriage, divorce and maintenance according to their traditions and rituals, while succession And there are prescribed laws for adoption. Before the Hindu Marriage Act brought in 1955, there was no provision of divorce among Hindus, because there was no system like divorce in Hindu religion.
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