New Delhi: Jamaat-e-Islami Hind, on Sunday, submitted its view on the Uniform Civil Code (UCC) to the 22nd Law Commission of India, stating it had the potential to become a ‘lightning rod for polarisation’.
The timing and nature of consultation further raise apprehension at the intent behind the entire exercise, said a statement released by the organisation. The statement was issued in response to the Law Commission soliciting public opinion on the UCC on July 14.
“The most recent consultation is bewildering, to say the least, especially in light of the fact that the 21st Law Commission completed a similar task between 2016 and 2018 and recommended in its consultation paper that UCC was “neither necessary nor desirable” in the context of the fundamental value of respect for India’s diversity and pluralism,” the statement read.
Terming UCC’s definition as vague and unclear, Jamaat-e-Islami Hind stated it was a nearly impossible task to present a comprehensive opinion. “The idea of uniformity contradicts India’s diverse and plural social, cultural, and religious heritage, as well as the Constitutional ethos of ‘Unity in Diversity. Therefore, any manner of enacting the directive principle contained in Article 44 shall be ultra vires of the constitution, if it conflicts with a citizen’s rights under Article 25 or Article 29,” it stated.
With regards to Muslim personal law, the Jamaat needed a clarification that adherence to Islamic law in matters such as marriage, divorce, succession, and related matters is considered a religious obligation by Muslims, and is considered an essential facet of the ‘practice’ of their religion, which is protected by Article 25 of the Constitution.
“In conclusion, we believe imposition of Uniform Civil Code to the exclusion of faith-based and customary practices in a multi-religious and multicultural country like India would not only be undesirable but also pose a threat to the very fabric and cohesion of society. As one of the largest Muslim organisations in India, we appeal to the Law Commission of India to uphold its previous stance and recommend to the Government of India, that it should abstain from any misguided attempts to interfere with personal laws. We strongly believe such interference can potentially harm India’s cherished unity in diversity,” the statement ended.
