June 18, 2023
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Law Commission to seek public opinion on general civil law
To comment:-
What is General Civil Law:-
As far as the law of criminal procedure in India is concerned, it is the same for all India. This means that whoever is involved in criminal incidents like murder and robbery will be punished the same. But in their personal matters like marriage, divorce, inheritance, adoption etc., different laws are followed for their respective religions as applicable to all religious communities.
That is, civil law for individuals varies from religion to religion. In this way, parties including the BJP are demanding that the various civil laws in India should be abolished and a single civil law should be brought for all parties. However, the opposition parties continue to say that a common civil law would not be appropriate in a country like India, which includes many religions.
Article 44 under the Guiding Principles of the Constitution of India also clarified that “the Government may take steps to bring about uniform common civil law for the citizens of the whole of India”.
In a press release issued by the Law Commission in this regard:-
Law Commission of India solicits views & ideas of the public and recognized religious organizations about Uniform Civil Code The 22nd Law Commission of India is inter alia examining the Uniform Civil Code, a reference sent by the Ministry of Law & Justice. Initially the 21st Law Commission of India had examined the subject on Uniform Civil Code and solicited the views of all the stakeholders through its appeal along with a questionnaire dated 07.10.2016 and further public appeals/notices dated 19.03.2018, 27.03.2018 and 10.4. .2018. Pursuant to the same, overwhelming responses have been received by the Commission.
The 21st Law Commission has issued the consultation paper on “Reforms of Family Law” on 31.08.2018. Since more than three years have lapsed from the date of issuance of the said Consultation Paper, bearing in mind the relevance and importance of the subject and also the various Court orders on the subject, the 22nd Law Commission of India considered it expedient to deliberate afresh over the subject. Accordingly, the 22nd Law Commission of India decided again to solicit views and ideas of the public at large and recognized religious organizations about the Uniform Civil Code.
Those who are interested and willing may present their views within a period of 30 days from the date of Notice through “click here” button or by Email at membersecretary-lci[at]gov[dot]in to the Law Commission of India. As reported
The 21st Law Commission reviewed the matter relating to the UCC and sought comments on July 10, 2016 through a questionnaire and public notices on its appeal.
Taking note of the responses received on 19th March, 27th March and 10th April 2018, the 22nd Law Commission has again decided to seek the views and ideas of the public and recognized religious bodies on the UCC.
Article 44 of the Constitution, one of the guiding principles of state policy, prescribes a Uniform Civil Code. “Interested and interested persons may express their views to the Law Commission of India within 30 days from the date of notification through email,” it said.
Assalamu Alaikum to all the Aalim, including the district and local administration officials of the honorable Jamaatul Ulama Sabha…
You are aware that the Law Commission has sought feedback from the public and registered religious organizations on the General Civil Code and has asked them to send it within a month (14.07.2023).
The following five items have been sent to them for public comment in this regard. Send all or some of these (ONLINE FORM LINK IN ONLINE FORM attached herewith) by typing or uploading the information in PDF format.
This is for everyone to send. The Imam of every Masjid should make an announcement on Jumu’ah and Eid Al-Adha and raise the awareness again and again.
The district and local administrations should take continuous care to ensure that these are done properly.
Inshallah our Tamil Nadu Jamaatul Ulama Sabha will give its opinion to the Law Commission of India explaining very clearly and in detail why there is no need for a law on the basis that it is a registered body.
NO NEED OF UNIFORM CIVIL CODE FOR SOME OF THE FOLLOWING MAIN REASONS
1. Article 25 Guarantees Right to Freedom of Religious Practice, so practicing personal laws cannot be interfered even by the State.
2. UCC is against the Spirit of the Secular Character of our Constitution.
3. Indian Legal System is based on pluralism and the application of UCC will result in its complete destruction.
4. The Parliamentary System of India itself is in the model of Unity in Diversity. So, UCC cannot exist in parallel.
5. The Supreme Court of India has time and again upheld the Constitutional Validity of Personal Laws over UCC.