NEW DELHI: Maharashtra began the process of implementing a Uniform Civil Code (UCC) in July by setting up a seven-member expert committee headed by former Supreme Court Justice Ranjana Desai. The state accepted the resignation of former Bombay High Court judge R V Chavan on Sept 21 after he raised concerns over the panel’s questionnaire and sought wider consultations, Swati Deshpande reports.
What Chavan sought
Chavan sought physical meetings and surveys, especially involving youth, besides an online questionnaire. The survey should involve National Law Universities, state universities and the State Legal Services Authority (SLSA), with at least 10,000 responses.He also sought para-legal aid volunteers and law-college legal-aid clinics to reach people without adequate internet access.
Why
He said the exercise should not merely collect opinions but also create awareness about UCC and address apprehensions that it was a political agenda.
10 principles suggested by youth
- Preserve the family and provide safety and security.
- Ensure safe means of fulfilling needs for healthy intimacy.
- Allow adult intimate relationships without stigma.
- Make UCC gender neutral — “spouses” and “children”.
- Make it “areligious”, while not trampling upon religious practices.
- Ensure equal inheritance, without class I/II categories.
- Allow adults to define relationships through agreements.
- Specify separation and responsibilities towards children and aged parents.
- Provide easy voluntary relationship registration while protecting privacy and welfare rights.
- Treat all children as legitimate, with parents responsible for their support and education until 18.
Constitutional basis
Article 44 directs the State to endeavour to secure a uniform civil code. It is also linked to Articles 14, 15 (non-discrimination) and 21 (life, dignity and gender justice).
Key issues
- Uniformity vs religious and cultural diversity
- Protection of minority
- State legislative competence
- Meaningful public consultation
- Tribal and customary practices
“UCC could protect minority, gender and children’s rights with adequate safeguards” — Justice Chavan.
