Guwahati: Conference of Catholic Bishops of India (CCBI), an association of the Catholic Bishops of India, on Saturday said that the enforcement of the Uniform Civil Code (UCC) is not warranted at the present stage and that the implentation of UCC would defeat the very nature of diversity existing in India. The bishops also said that the UCC would turn the core principles of democracy.
In a letter addressed to the member secretary of the Law Commission of India, the CCBI said: “Diversity is one of the most essentials of Indian democracy. India is recognised in the international arena for its diverse culture and practices. The diversity can’t be vanquished in the name of UCC. The implementation of UCC would defeat the very nature of diversity existing in India and in turn the core principles of democracy. The Parliament/government, which is supposed to protect the diversity of different religious communities, tries to destroy it by enacting the UCC”.
“Personal laws that are flowing from customs, traditions and practices attached to religious tenets cannot be distorted or annihilated by the introduction of the UCC. It is also unclear to the public at large or people affected by the UCC what the modality of the UCC is. The question before the public is whether personal laws are annihilated by overriding them with particular religious practices of any one religion or whether they are kept intact by merely codifying them under the UCC. Unless a draft regarding the UCC is given to the public at large, merely a questionnaire to that effect doesn’t suffice. Further, the notable point of objection is customs of one religion cannot be imposed on other religious customs or religious beliefs through the UCC,” the letter said.
The CCBI said that under the Constitution of India, special provisions have been made to empower tribal community members and also specially recognised groups. The introduction of UCC shall destroy those special rights and privileges given to such tribal community members.
The CCBI also said the motive behind introducing the UCC seemed to be the eradication of discrimination meted out to vulnerable groups under personal laws, particularly, women.
Merely to eradicate injustice to such groups, the bishops said that the parliament need not enforce the UCC but rather make amendments to the existing personal laws and also to rectify such provisions to bring equality among all. They said that it also can be rectified by enacting special laws to that effect, and that the intention behind the enforcement of the UCC must be explicated.
“When Article 35 (renumbered as 44 under the Constitution of India) was passed, it was passed based on the assurance of Dr BR Ambedkar, the chairman of the drafting committee. He assured the House that UCC shall be voluntary, and unless the assent of the community or people that affects the UCC is obtained, it can’t be enforced,” the letter read.
“The methodology of the Law Commission by issuing a questionnaire to answer it hurriedly violates the natural justice principle under the Constitution of India, and therefore, the communities that get affected are to be given ample opportunity and also should provide an open forum with sufficient time to discuss and deliberate on the issue,” it said.
“The UCC is drafted and placed under the Directive Principles of State Policy. The rights under these articles are non-justiciable rights and they are guiding principles while drafting any enactments keeping in mind the welfare of the people of the country. Personal laws of each community are guided by the Fundamental rights of the Constitution. In such circumstances, the non-justiciable rights cannot override the justiciable rights guaranteed under the Constitution of India,” the CCBI said.
The CCBI questioned that when the 21st Law Commission in 2018 expressed its opinion that the enforcement of a Uniform Civil Code is neither necessary nor desirable at this stage, then what was the urgency for the government to enforce the UCC, at present, without giving sufficient breathing time to express the opinions of communities that get affected.
“The important reason behind the formulation of the UCC seemed to be to empower the justice delivery system. Meaning to say, the courts have found it difficult to decide the cases in the events of couples of different faiths married under a law. This discrepancy or difficulty could be rectified by enacting a special law or amendment to the existing law (Special Marriage Act, 1954) to that effect,” it said.
The bishops recommend rectifying or setting right the errors and discrepancies within the personal laws without destroying the personal laws as existed now. Further, it said that the Central government must urgently take measures to eradicate the discrimination meted out to women in providing equal representation in the Parliament and Legislature by enacting a law that is pending for years together.
“We firmly urge the Central government to take the lead in eradicating such discrimination and pave the way for others in this regard rather than affecting the sentiments of different communities by annihilating their personal laws,” the letter stated.
“We strongly recommend rectifying or setting right the errors and discrepancies within the personal laws without destroying the personal laws as existed now. Further, the Central government must urgently take measures to eradicate the discrimination meted out to women in providing equal representation in the Parliament and Legislature by enacting a law that is pending for years together,” the letter also said.
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It urged the Central government to take the lead in eradicating such discrimination and pave the way for others rather than affecting the sentiments of different communities by annihilating their personal laws.
The letter was signed by Rev Antonysamy Savarimuthu, chairman, Commission for Canon Law and OtherLegislative Texts Bishop of Palayamkottai, Rev Peter Machado, Archbishop of Bangalore, Rev Derek Fernandes, Bishop of Belgaum, Rev Dominic Savio Fernandes, member, Commission for Canon Law and Other Legislative Texts, Auxiliary Bishop of Bombay; Rev Jose Chirackal, member, Commission for Canon Law and Other Legislative Texts, Auxiliary Bishop of Tura; Rev Dr Merlin Rengith Ambrose, executive secretary of Commission for Canon Law and OtherLegislative Texts; Rev Dr Francis Assis Almeida, civil lawyer and secretary, Regional Commission for Education, Karnataka.
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