Stay updated with the latest - Click here to follow us on Instagram
© The Indian Express Pvt Ltd
Journalism of Courage
Premium
‘UCC enactment raises doubts about consistency with central laws’: Governor urged to withhold assent
The proposed UCC Act, in its current form, appears to risk disturbing this balance by imposing uniformity without adequately safeguarding diversity, the Committee stated in its representation to the Governor.
The Committee also requested a consultative process involving all stakeholders, including minority communities, legal scholars, and civil societies.
MINORITY COORDINATION Committee (MCC) Gujarat has requested Governor Acharya Devvrat to withhold the assent to the Uniform Civil Code (UCC) legislation and reserve the Bill for consideration of the President under Article 200, as it “raises substantial constitutional, legal, federal, and social concerns that warrant careful reconsideration”.
The proposed UCC Act, in its current form, appears to risk disturbing this balance by imposing uniformity without adequately safeguarding diversity, the Committee stated in its representation to the Governor.
“Personal laws are not merely legal constructs but are deeply rooted in religious beliefs, cultural traditions, and social practices of various communities. The Supreme Court has, in multiple judgments, acknowledged the sensitive nature of personal laws and the need for gradual, consultative reform rather than abrupt legislative imposition. Any attempt to override these frameworks without consensus may lead to unintended constitutional conflicts and social unrest,” stated the representation.
Furthermore, there are serious concerns regarding legislative competence and federal structure, Mujahid Nafees, Convener of MCC, said.
“Matters relating to marriage, divorce, succession, and family law fall within the Concurrent List. While the State Legislature has powers in this regard, the enactment of a sweeping Uniform Civil Code at the state level raises questions about consistency with central laws and the possibility of legal fragmentation across states, thereby undermining the principle of uniformity itself, he added.
The Committee has also cast aspersions on the process. “It is pertinent to highlight that the process leading to the passage of the UCC Act appears to have lacked adequate public consultation and stakeholder engagement. A reform of such magnitude, affecting millions of citizens across diverse communities, requires extensive dialogue with legal experts, civil society organisations, religious scholars, and affected groups. The absence of such an inclusive process raises concerns about procedural fairness and democratic legitimacy,” the representation added.
“Additionally, there are apprehensions that the proposed law may disproportionately impact minority communities, thereby giving rise to issues of indirect discrimination. Even if the stated objective is to promote equality and gender justice, such goals must be pursued through carefully calibrated measures that respect constitutional protections and ensure that no community feels targeted or marginalised,” it stated.
Story continues below this ad
The Committee also requested a consultative process involving all stakeholders, including minority communities, legal scholars, and civil societies.
Advertisement
Loading Recommendations...
Live Blog