Government notifies law panel terms of reference, includes UCC

NEW DELHI: Government has included enactment of Uniform Civil Code among the terms of reference of the 23rd Law Commission, further amplifying its intent to bring about uniformity among laws of different communities regarding marriage, divorce, guardianship, maintenance and inheritance.

As per the terms of reference notified on Monday, the Law Commission is to "examine the existing laws in the light of Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution".

Article 44 under the Directive Principles deals with UCC, which provides that it is the duty of the state to secure for the citizens a uniform civil code throughout the territory of India.

The two previous law panels had also discussed the issue, but the specific mention of it in the mandate for the new one comes amid growing indications of govt's desire to make progress on what has been a core issue for BJP since its formation as Bharatiya Jana Sangh.

PM Modi, in his Aug 15 address from the Red Fort, had given an indication of govt's plan by lashing out at the scheme where communities are allowed to be governed by discriminatory laws claiming sanction from religion as "communal civil code".

"Laws that divide our nation based on religion and which foster discrimination have no place in modern society," he had said referring to verdicts from the Supreme Court exhorting govt to enact UCC.

The new Law Commission was constituted a day after the term of the 22nd one came to an end on Aug 31. The previous commission was without a chairman for the last few months after its then chairman Justice Ritu Raj Awasthi was appointed as a member of the Lokpal.

A study on laws affecting the poor and identifying legislations that are a hindrance to India's economic growth are also part of the terms of reference for the panel which will start functioning when a chairman and other members are appointed, which may take some time.

The new law panel has also been tasked with carrying out post-enactment audit of socio-economic legislations and reviewing the "system of judicial administration to ensure that it is responsive to reasonable demands". Among others, it will examine existing laws with a view to promote gender equality.

During the term of Justice Awasthi, the commission had conducted wide consultations on UCC and had received more than 80 lakh petitions from the public and other stakeholders besides 5 lakh physical submissions, but it could not conclude its report.

The panel will also identify and review obsolete laws which can be immediately repealed.


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