NEW DELHI: As the demand for a Uniform Civil Code (UCC) is gaining traction among some BJP-ruled states, Union Minister of Law and Justice Kiran Rijiju said on Friday that no decision has been taken on its implementation yet, as the issue is sub-judice with some petitions pending in the Supreme Court.
While replying to a question on UCC in the Lok Sabha, the minister noted that Article 44 of the Constitution advocates that the State shall endeavour to secure a uniform civil code throughout the country.
“Personal laws relate to Entry 5 of List- III-Concurrent List of the Seventh Schedule to the Constitution, and hence, the states are also empowered to legislate upon them,” he added.
"Since the matter is sub-judice, no decision on the implementation of the uniform civil code in the country has been taken as of now," he said.
The minister said legislative interventions ensure gender and religion-neutral uniform laws.
Article 44 of the Constitution provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
Personal laws, such as intestacy and succession; wills; joint family and partition; marriage and divorce, relate to Entry 5 of List-III-Concurrent List of the Seventh Schedule to the Constitution.
"Hence, the states are also empowered to legislate upon them. The 21st Law Commission of India undertook examination of various issues relating to uniform civil code and uploaded a consultation paper titled 'Reform of Family Law' on its website for wider discussions," he noted.
The UCC calls for a common set of laws for all religions in personal matters such as marriage, divorce, inheritance and succession.
The contentious issue of enacting a uniform family law—a major electoral plank of the BJP since 2008—had invited opposition from many quarters including political parties and civil society groups.
However, former BJP leader K N Govindacharya feels the time is ripe to implement the law. “It’s about assuring prosperity and security to all communities, without any discrimination,” he said.
Some BJP-Ruled states including Uttarakhand and Uttar Pradesh are already planning to formulate laws to implement UCC at the state level.
(With PTI Inputs)