Keywords: AIMPLB, UCC, Law Commission, Majoritarian Morality, Personal Laws, Family Laws, Special Marriage Act, Indian Constitution.
The All India Muslim Personal Law Board has voiced its opposition to the Law Commission’s notice issued on 14 June, which sought public opinions and ideas on Uniform Civil code.
In their 100-page long representation, the Board argues that personal laws, religious freedom, and minority rights should not be overridden by majoritarian morality in the pursuit of a code that remains ambiguous.
After careful deliberation in a meeting, the AIMPLB submitted their representation to the Law Commission.
The Board raised concerns about the vague and overly general content of the notice, emphasizing the need for clear guidelines to ensure meaningful suggestions from the public, rather than responses that are equally vague or limited to a simple “yes” or “no”.
The Board stressed that the Constitution of India deliberately embraces diversity and non-uniformity to foster national unity. It recognizes the distinctiveness of different territories, grants varied rights to diverse communities, and allows for accommodations based on different religions.
The Board pointed out that matters related to religious texts such as the Holy Quran and Sunnah are protected under Articles 25 and 26 of the Indian Constitution. They assert that Muslims in India will not be willing to relinquish their identity safeguarded by the constitutional framework. Preserving the diversity of the country and ensuring national integrity, safety, security, and fraternity are best achieved by allowing minorities and tribal communities to be governed by their own personal laws.
The Board has posed questions about the uniformity of family laws, highlighting that the current general or family laws, including existing codified community-based laws, are not truly uniform.
The Board has argued that the Special Marriage Act, which is often considered the closest and most consistent model of a uniform family law in India, is not truly “uniform.” They claim that the SMA, although designed according to majoritarian morality, includes exceptions for customary laws.
The Board highlighted that merely presenting the notion of ‘uniformity’ cannot be considered a valid justification for dismantling established legal systems governing personal matters within different religious communities, especially when even the existing general laws, which are purportedly uniform, exhibit variations.
The Board has expressed concerns and posed questions regarding the 21st Law Commission consultation paper, stating, “Following the release of the consultation report by the 21st Law Commission, the Government has maintained complete silence regarding its acceptance, either in whole or in part.” Furthermore, the Board highlighted that the Government has not indicated any actions taken to interpret the findings of the 21st Law Commission.
References:
- Live Law, https://www.livelaw.in/news-updates/all-india-muslim-personal-law-board-objections-law-commission-uniform-civil-code-minority-rights-religious-freedom-231998, accessed 7 July, 2023.
- Indian Express, https://indianexpress.com/article/india/muslim-law-board-on-ucc-majoritarian-morality-cant-supersede-minority-rights-8779762/, accessed 7 July, 2023.
By: Saatvik, BBA LL.B. (Hons.), upcoming law student at Vivekananda Institute of Professional Studies, GGSIPU, Delhi, an intern under Legal Vidhiya.
0 Comments