"Neither necessary nor...": AIMPLB opposes Uniform Civil Code saying 'majoritarian morality rules'

New Delhi, July 06: The All India Muslim Personal Law Board on Wednesday handed over a draft of the Uniform Civil Code (UCC) to the Law Commission, listing its objections to the proposed legislation and highlighting the rights that the enshrined for the community in the Constitution.

 

 

The working committee of the Board had approved the draft response on the UCC, and, on Wednesday, it was presented for discussion at a virtual general meeting of the Board that began at 10 am.

 

This came after the Secretary of the Law Commission of India had asked AIMPLB to submit a proper response, after soliciting views and ideas from the public, regarding the UCC. Responding to the same, the secretary general of AIMPLB said the issue was examined earlier and the commission's predecessor reached a conclusion that the UCC was "neither necessary nor desirable".

 

"Uniform Civil Code is divisive and will lead to social unrest, and it is against the spirit of the Constitution, which safeguards the right of citizens to practice their culture and religion," it said.

 

AIMPLB said the content of the notice was "vague, too general, and unclear". It also said that believers of Islam are mandated to follow the injunctions of the holy book of Quran.

 

Reiterating its opposition to the UCC, it underscored that “majoritarian morality” must not override religious freedom and rights of minority communities. "Majoritarian morality must not supersede personal law, religious freedom and minority rights in the name of a code which remains an enigma," the AIMPLB wrote to the Law Commission in a 100-page representation.

 

 

 

The panel also sought six months' time to prepare an appropriate response by religious organizations, individuals, and public-spirited persons. Previously, the AIMPLB had passed a resolution at its executive meeting saying that the implementation of a Uniform Civil Code (UCC) was not possible as it would be an 'unnecessary' Act.

 

It added that the Places of Worship Act 1991, should be "maintained and well-implemented" and religious conversion was a matter of "Freedom of religion".

 

Earlier, a meeting of the Parliament's Standing Committee on Personnel, Public Grievances, Law and Justice, convened on Monday, sought the views of the Department of Legal Affairs, the Legislative Department, and the Law Commission of India on the June 14 notice issued by the Law Commission, inviting views of stakeholders on the Uniform Civil Code.

 

Opposition MPs said at the meeting it was necessary to keep in mind that the UCC is not just about one family law, but about the matters related to every religion, caste, and community of the society, which is why all sections of the society must be kept in mind.

 

"Implementing Uniform Civil Code would mean that all the personal religious laws shall be kept at bay and a uniform personal law governing areas of marriage, divorce, inheritance etc. shall be formulated," it added.

 

The Uniform Civil Code (UCC), which had been a hot topic that had polarised opinions over the last 4 years, hit the forefront yet again after Prime Minister Narendra Modi made a strong case for the implementation of uniform legislation at a recent address.

 

 

UCC is a comprehensive set of common laws for all religions governing personal matters like marriage, divorce, adoption, inheritance, custody, alimony and others aiming at ensuring equality among all religions.

 

Although the complete form of UCC is under debate, a fair idea finds a mention in the Indian Constitution. Part IV of the Constitution deals with the Directive Principles of State Policy (DPSP) which is not justiciable before the courts of the country but plays a 'fundamental' role in the governance. Article 44 mentions the "state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India".

 

 

PM Modi said the country cannot run on two laws and that Uniform Civil Code (UCC) was in keeping with the founding principles and ideals of the Constitution. "Today people are being instigated in the name of UCC. How can the country run on two (laws)? The Constitution also talks of equal rights...Supreme Court has also asked to implement the UCC. These (Opposition) people are playing vote bank politics," PM Modi said while addressing booth-level workers in Bhopal.