Centre to examine Uniform Civil Code; tells Delhi HC issue pending before Law Commission

The Central government on Friday told Delhi High Court that the Union Civil Code (UCC) issue is pending before the Law Commission. The affidavit stated that 21st Law Commission undertook detailed research on the matter and uploaded a paper on family law. The Centre told HC that it will examine the UCC matter with various stakeholders once it receives the report from Law Commission.

The government said that the purpose behind Article 44 is to strengthen the object of the "Secular Democratic Republic" as enshrined in the Preamble of the Constitution. "This provision is provided to effect integration of India by bringing communities on the common platform on matters which are at present government by diverse personal laws," the Centre said.

"That in view of the importance of the subject matter and sensitivity involved which requires in-depth study of the provisions of various personal laws governing different communities, the Central Govemment requested the Law Commission of India to undertake an examination of various issues relating to uniform civil code and to make recommendation thereof," the affidavit added.

The affidavit was in response to a writ petition filed by advocate and Bharatiya Janata Party leader Ashwini Kumar Upadhyay. He had earlier said that implementing the UCC for all citizens on the lines of the Indian Penal Code (IPC) will free the people of the country from hundreds of complex and outdated laws.

What is Uniform Civil Code?

The Uniform Civil Code calls for the formulation of one common law, which would be applicable to all religious communities in the country in matters such as marriage, divorce, adoption, and inheritance. It comes under Article 44 of the Indian Constitution, which lays down that the state shall endeavour to secure a UCC for the citizens throughout the country.

At present, different religions have their own different laws to regulate marriage, divorce, etc, for example, Hindu Marriage Act, Hindu Succession Act, Parsi Marriage and Divorce Act and the Indian Christian Marriages Act.

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