Law Commission all set to go through family laws of all religions

Law Commission all set to go through family laws of all religions

NEW DELHI: Law Commission is all set to examine family and personal laws of all religions to ascertain whether a uniform civil code is practicable in a country as diverse as India, people privy to the development said.

Based on its outcome, the commission will take a call “if any recommendations are to be made for amending family laws of different religions” to bring them under one umbrella, an official said.

With Supreme Court settling the legal wrangle pertaining triple talaq, Law Commission is focusing on the subject of uniform civil code on a request from the government.

With Supreme Court settling the legal wrangle pertaining triple talaq, Law Commission is focusing on the subject of uniform civil code on a request from the government.

A uniform civil code will mean a set of common personal laws for all citizens. Personal law covers property, marriage and divorce, inheritance and succession.

Currently, there are different personal laws for Hindus and Muslims. Law Commission is also examining “practical difficulties” in its possible implementation, sources said.

One such obstacle is exemptions granted in the Indian Constitution to few areas from application of laws applicable to the remaining parts of the country. For instance, tribal areas in the North East are exempted from certain provisions of civil procedure and criminal procedure codes.

“This is a practical difficulty,” a senior Law Commission official told ET. “There are certain areas where customs prevail over law. To implement a uniform code in such areas where customs are preferred over gender-justice will not be an easy task, even if a decision in this regard is taken in future” the person said.

The commission has so far tabulated more than 60,000 responses on the issue of uniform code, officials said.

The Narendra Modi government has asked Law Commission to examine the issue of implementation of uniform civil code. This was the first time a government had asked the commission to look into the politically controversial subject.

BJP has always been in favour of a uniform civil code. Congress has opposed it. Article 44 of the Directive Principles sets implementation of uniform code as “the duty of the State”.

Source: ET