New Delhi: All India Lawyers Union (AILU) in a statement released Thursday asserting that imposition of Uniform Civil Code (UCC) is neither necessary nor desirable at this stage asked the Law Commission to withdraw its ongoing efforts.
“The projection of the concept of Uniform Civil Code and initiation of the campaign for the same by none other than the Prime Minister of India at this juncture, on the eve of the general election, is thoroughly inappropriate, ill motivated and impacting and vitiating the democracy,” said the lawyers union in a statement released by its General Secretary P.V. Surendranath.
Referring to Goa Civil Code, AILU said that Common Civil Code is not the solution to discriminatory provisions in law against women.
“Under the Goa Civil Code if a Hindu wife fails to deliver a child before she is 25 or if she fails to deliver a son before she is 30 then the Hindu man can marry a second wife", AILU said. "Similarly if a Hindu woman commits adultery then it is a ground for divorce. But if a Hindu man does so it is not a ground for divorce for the woman,” it added.
“Under the Goa Civil Code if a Hindu wife fails to deliver a child before she is 25 or if she fails to deliver a son before she is 30 then the Hindu man can marry a second wife", AILU said.
"Similarly if a Hindu woman commits adultery then it is a ground for divorce. But if a Hindu man does so it is not a ground for divorce for the woman,” it added.
The AILU further said that the regime is not prepared to bring legislation to give reservation to women for representation in legislative Assemblies and Parliament, and to do gender justice to them and society and develop our democracy empowering women.
“Homogenization of various cultural practices is not secularism. It is counterproductive to secularism and integration of the nation,” it stated.
AILU appealed to the Law Commission to “withdraw” from the present exercise and deliberate afresh over UCC.
On June 14, the 22nd Law Commission headed by former Karnataka HC’s Chief Justice Ritu Raj Awasthi, had asked for the views and ideas of the public and recognised religious organisations till July 14, 2023.
According to the sources, the Law Commission has so far received more than 46 lakh submissions.
Interestingly, the Law Commission, a statuary body, asked for suggestions on UCC without making public any draft of the proposed legislation.
Earlier, the 21st Law Commission of India had opined against the proposal of UCC and dealt with family laws of various religions that are discriminatory. It had also submitted its consultation paper on Reform of Family Law on August 31, 2018.
“The government has not taken follow-up action based on the 21st Law Commission Consultation Paper on Reform of Family Law initiating debate to develop consensus,” AILU alleged.
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