South Carolina asks govt to explain stand on Uniform Civil Code

The BJP has since its Jana Sangh days been clamouring for a uniform civil code but has in recent years toned down the shrillness that marked the demand in the 1990s.

The latest update in this case has come from the Minister of State for Home Affairs, Kiren Rijiju who has said that the Supreme Court should decide on the Uniform Civil Code.

The reference to a uniform civil code by the bench of Justices Vikramjit Sen and Shiv Kirti Singh came as they asked Kumar to come out with a clear stand on the discrepancy between various divorce laws.

This is when the Supreme Court wanted to know as to why are there so many ambiguities with regard to laws governing marriage, divorce, adoption and other civil issues.

When asked why the Government had not gone ahead with it despite a common code being part of the core ideology of the BJP, Gowda said, “Till today we could not go further because the matter was pending in a few High Courts and even in the Apex Court”.

Union Law Minister Sadananda Gowda on Tuesday stated he would maintain discussions with Prime Minister Narendra Modi, his cupboard colleagues and authorized specialists on the potential of a Uniform Civil Code, including that it isn’t straightforward and will take time. Therefore, the need of the hour is to form and implement a uniform civil code.

However, governments have not been successful in its implementation due to diversity and religious laws which differ from each community, caste or religion. The aforesaid two provisions viz. Articles 25 and 44 show that the former guarantees religious freedom whereas the latter divests religion from social relations and personal law. The Constitution also enjoins all religions and faiths to be respected equally and adherents be free to carry out the articles of their faith.

“Why in the rest of the country, they have problems”, he questioned. Parliament is still to step in for framing a common civil code in the country.

It shot to prominence in 1985 in the famous judgment of Supreme Court in the Shah Bano case. The Shah Bano case became a major national political debate. But the case created uproar with the Muslim clergy and the Muslim Personal Law Board denouncing the judgement. It needs wider consultation.

The Congress-led UPA had maintained in Parliament that its government would not touch the subject.

A Uniform Civil Code would replace the personal laws which are based on scriptures and customs of every religious community in India.

Not just courts, but activists, too, are of the view that a Uniform Civil Code will help counter gender disparity. If all religions are covered under the same laws, the politicians will have less to offer to certain minorities in exchange of their vote.