On June 14, the Law Commission of India decided to solicit views and proposals from the public about the Uniform Civil Code (UCC). After a hiatus of just five years, when the Commission had concluded that the ‘UCC is neither necessary nor desirable’, the move now is one that keeps the pot boiling on one of India’s most ideologically as well as politically rivalled issue. Though we believe that the enactment of the UCC in piecemeal manner would be in tune with the spirit of Article 44, the attempt here is to invite attention to one particular consideration that must weigh with the Commission as it undertakes this exercise de novo.
Autonomy versus authority
The question of personal laws is basically the question of personal and religious autonomy versus the state’s authority to reform familial relations. Since each religious group has cultural autonomy, it is thus being argued that the community should itself come forward to seek reforms. This is the justification for the adoption of internal law reform or voluntary UCC. In fact, the Special Marriage Act, 1954 and the Indian Succession Act, 1925 are nothing but examples of voluntary adoption of the UCC though the recently enacted love jihad laws by prohibiting inter-faith marriages basically violate the spirit of Special Marriage Act.
