Law Min Kiren Rijiju clears air on UCC; 'BJP's stance should be taken as that of nation'

Speaking on the Uniform Civil Code in Lok Sabha on Tuesday, Union Law Minister Kiren Rijiju argued that the country's stance is the same as that of the BJP. He was responding to BJP MP Nishikant Dubey during the debate on the Family Courts (Amendment) Bill. In response, the opposition protested with BSP MP Danish Ali asserting that a political party's ideology cannot be said to be India's ideology. He also demanded that Rijiju's demand be expunged. However, the Union Minister retorted, "It is only a party that forms the government".

The implementation of the UCC was one of the key poll promises of the BJP during the Lok Sabha election in 2014 and 2019. Kiren Rijiju said, "You know that our government's thinking is. That's why we want that our party's thinking and ideology should be considered the nation's ideology. We think for the country". In a written reply to the Lower House on July 22, Rijiju revealed that no decision had been taken on the implementation of the UCC as the matter is sub-judice. At the same time, he clarified that states can legislate on personal laws such as intestacy and succession, marriage and divorce. 

Court observations on UCC

While the UCC finds a mention in Article 44 of the Constitution which reads, "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India", it is not binding being a part of the Directive Principles of State Policy in the Constitution. On July 7, 2021, a single-judge bench of the Delhi High Court Justice Pratibha Singh backed the need for a UCC and asked the Ministry of Law and Justice to take the necessary action as deemed appropriate. She was hearing a plea to determine the applicability of the Hindu Marriage Act, 1955 to the Meena community.

Maintaining that this case highlights the necessity of a UCC, she expressed surprise at the fact that the Centre has failed to take any steps in this regard despite a 1985 Supreme Court verdict in this regard. Meanwhile, the Allahabad High Court on November 18, 2021, held that a UCC is mandatory. The single-judge bench of Justice Suneet Kumar was hearing a batch of 17 petitions pertaining to protection sought by interfaith couples. While allowing the pleas, Justice Kumar observed that a UCC cannot be made "purely voluntary" owing to fear expressed by members of the minority community.

He also asked the Centre to constitute a committee for implementing Article 44 of the Constitution. In May, Uttarakhand became the first state to set up a high-level committee to draft a UCC for the state. This found resonance with UP and Himachal Pradesh as well. In fact, UP's Minister of State for Minority Welfare and Waqf Danish Azad Ansari revealed that the government will hold 'Qaumi Chaupals' to inform people, especially Muslims about the merits of UCC.