Why in news?
The Law Commission of India has said that a Uniform Civil Code (UCC) is “neither necessary nor desirable at this stage.”
What are the observations made?
- Uniformity - Difference does not always imply discrimination in a robust democracy.
- So a unified nation does not necessarily need to have “uniformity.”
- Cultural diversity cannot be compromised to the extent of preserving uniformity.
- As, uniformity itself cannot become a threat to the territorial integrity of the nation.
- Secularism - Secularism could not contradict the plurality prevalent in the country.
- The term ‘secularism’ has meaning only if it assures the expression of any form of difference.
- This diversity, both religious and regional, should not get subsumed under the louder voice of the majority.
- However, discriminatory practices within a religion should not hide behind that faith to gain legitimacy.
What does the commission call for?
- The commission stresses on efforts to reconcile the country's diversity with universal arguments on human rights.
- Codification - The commission has called for the codification of all personal laws.
- This would help in bringing to light the prejudices and stereotypes in all religion.
- They can eventually be tested on the anvil of fundamental rights of the Constitution.
- Universal principles - Codification of different personal laws could help arrive at certain universal principles.
- These may facilitate prioritising equity rather than imposition of a Uniform Code.
- A uniform code would only discourage many from using the law altogether.
- This is especially given the fact that matters of marriage and divorce can be settled extra-judicially as well.
- Amendments - The commission thus suggested certain measures in marriage and divorce.
- These should be uniformly accepted in the personal laws of all religions.
- These amendments in personal laws include
- fixing the marriageable age for boys and girls at 18 years so that they marry as equals
- making adultery a ground for divorce for men and women
- simplifying divorce procedure
- Polygamy - It suggested making polygamy a criminal offence and applying it to all communities.
- This is not recommended owing to merely a moral position on bigamy, or to glorify monogamy.
- It rather emanates from the fact that only a man is permitted multiple wives, which is unfair.
Source: The Hindu