Discussion on Uniform Civil Code

Jun 10, 2024

Discussion on Uniform Civil Code

Panel of Guests:

  • Mr. Deshra Nigam - Lawyer and Political Analyst
  • CA Pradeep Bhati - Samajwadi Party
  • Vishnu Jain - Advocate on Record, Supreme Court
  • Kapil Madan - Lawyer and Political Analyst

Introduction

  • Topic: Debate on the Uniform Civil Code (UCC)
  • Focus on equality between men and women
  • Mention of the last law commission under Justice B.S. Chauhan and the complexity of the issue
  • Special focus on regions with tribal rights and customary laws

Key Points from Vishnu Jain

Legal Framework

  • Paragraph 12A of the Sixth Schedule:
    • Provisions allowing laws passed by the parliament to override customary laws (except Nagaland)
    • In Nagaland, parliamentary laws need state legislature approval (Article 371A)
  • Other Northeast States:
    • Parliament laws can override customary laws with exceptions and modifications
    • Autonomous District Council has exclusive domain (Paragraph 3 of the Sixth Schedule)
    • Overriding effects are laid out in Paragraph 12A for other states

Political and Emotional Sensitivity

  • Uniform Civil Code (UCC) debate is not just technical/legal but also political
  • Sensitive issues concerning land rights, local customs, and inheritance in Northeastern regions

Key Issues Highlighted

  • Criminal Aspects: Should govern the entire country (e.g., bigamy laws)
  • Gender Justice: Ensuring female dignity and justice irrespective of region or religion

Contributions from Mr. Deshra Nigam

  • Primary Focus of UCC:
    • Women's exploitation and equal rights
    • Not mixing with criminal law but focusing on civil aspects
  • Tribal Customs and Harmony:
    • In tribal societies, women already have significant rights, causing no conflict
    • The distinction between Northeastern and other parts of the country

Discussion Points

  • Matriarchal Societies:
    • Women have more rights in tribal societies compared to patriarchal setups
    • Government's challenge in addressing customs in the Northeast
  • Harmony and Demand:
    • Argument for social harmony where both genders agree on traditional rights
    • Demand for equal rights coming from women through courts and legal frameworks

Conclusion

  • Emphasis on balancing the technical, legal, political, and emotional aspects of implementing a Uniform Civil Code.