Uniform Civil Code issue to be placed before 22nd Law Commission, HC informed

New Delhi: The issue of framing a Uniform Civil Code will be placed for consideration before the 22nd Law Commission once it is constituted, the Delhi High Court was informed Monday.

A bench of Chief Justice D N Patel and Justice C Hari Shankar was told that on receiving a reference from the government, the issue was considered by the 21st Law Commission and it sought the views of various stakeholders and met several religious groups. Central government standing counsel Ajay Digpaul, representing the Law Commission, further said that as per instructions to him, a consultation paper on Reform of Family Law was released by the 21st Law Commission on the subject and is available on its website.

He said the term of 21st Law Commission ended in August last year and the 22nd Law Commission is yet to be constituted. Once it is set up, the project of 'Uniform Civil Code' will be placed before it for consideration, he said. Digpaul sought some time on behalf of the central government to file response to a PIL seeking framing of a Uniform Civil Code after which the court listed the matter for further hearing on August 27.

The court had earlier issued notice to the Ministry of Home Affairs and the Law Commission of India seeking their stand on the plea by Bharatiya Janata Party (BJP) leader Ashwini Kumar Upadhyay. Upadhyay, also a lawyer, has contended in his plea that the government has "failed" to put in place a uniform civil code, as provided under Article 44 of the Constitution. A Uniform Civil Code aims to replace personal laws based on the scriptures and customs of various religious communities, with a common set of rules governing every citizen of the country.

The plea has said that Goa has a common civil code since 1965, which is applicable to all of its residents, and it is the only state to have it as of now. The petition has sought directions to the Centre "to constitute a judicial commission or a high-level expert committee to draft the Uniform Civil Code in the spirit of Article 44 of the Constitution within three months, while considering the best practices of all religions and sects, civil laws of developed countries and international conventions".