Interview/ Iqbal Singh Lalpura, chairperson, National Commission for Minorities
IQBAL SINGH LALPURA, chairman of the National Commission for Minorities, believes that the Uniform Civil Code will help make family laws more gender just and will also reduce litigation. In an interview with THE WEEK, he says that the fear about customs and rituals of various communities getting affected is misplaced. His opinion is that the UCC is not a new concept, but was placed in the Constitution under Article 44, and the constitutional courts have urged the government several times to enact the law.
Excerpts from the interview:
Q/ Can a diverse country like India have a UCC?
A/ I do not see any problem. Several countries have a common civil code for their citizens. I believe the UCC will be a good thing for the country. The leaders who drafted the Constitution also believed that it was desirable and that is the reason why it was included under Article 44. It will be beneficial for our country.
Q/ In what ways will the UCC be beneficial for the country?
A/ Uniformity in family laws is needed. I will cite an example. Suppose a Hindu man marries a second time without completing the divorce formalities simply by converting into Islam. Such a situation was dealt with in a case heard by Justice Kuldip Singh in the Supreme Court. This was the Sarla Mudgal vs Union of India case in which the court in its judgment in 1995 urged the government to have a fresh look at Article 44 of the Constitution and secure a Uniform Civil Code for the citizens. There have been other judgments, too, which have called for bringing in the UCC.
When it comes to solemnising marriage, everyone will continue to have the same freedom as before to follow their customs and rituals. That is not going to be affected. And when there will be uniform laws for divorce, adoption and inheritance, it will be helpful for society.
Q/ An important point made in defence of the UCC is that it will make the laws more gender equal.
A/ Naturally, that will be the main benefit of the UCC. It will help remove any injustice that exists in the framework of family laws with regard to women. Their interests and their rights will be protected.
Q/ Will it be practical to bring all communities within a common legal framework?
A/ Goa already has a common civil code. It is working well. The most important thing that has to be understood in this regard is that the UCC is not going to affect the normal life of a person. But it will certainly help in reducing litigation that happens as a result of family matters.