Kerala Assembly passes resolution
Kerala is the first assembly to pass such a resolution after the Law Commission sought responses on the proposed code on June 18
KOCHI:
The Kerala assembly on Tuesday unanimously passed a resolution asking the Centre to not implement a Uniform Civil Code (UCC) in the country without reaching a consensus on the controversial issue.
The resolution was presented by chief minister Pinarayi Vijayan and was supported by all parties belonging to the Left Democratic Front and United Democratic Front. Although the Bharatiya Janata Party is in favour of implementing UCC, it doesn’t have representation in the state assembly.
Kerala is the second state in the country after Mizoram to pass such a resolution in the legislative assembly against the proposed code. The Mizoram assembly passed a resolution opposing any move to implement UCC in February. Kerala is the first assembly to pass such a resolution after the Law Commission sought responses on the proposed code on June 18.
To be sure, there is no draft UCC or even a suggestion on the contours a legislation could take. The issue has been a constant in the manifesto of the Bharatiya Janata Party, though, and some BJP-ruled states have set up committees on it. The committee set up by Uttarakhand has submitted its report.
The Kerala assembly registers its apprehension and concern over the way in which the Centre is trying to forcefully implement the UCC, the resolution said. Such attempts are aimed at erasing the secular character of India’s Constitution, it added.
“The Constitution refers to Uniform Civil Code only in its Directive Principles. It is pertinent to note that the Uniform Civil Code was limited to Directive Principles. Implementation of Directive Principles is not mandatory. The court may order to enforce Fundamental rights. But the Directive Principles of Article 44 of the Constitution cannot be enforced even by the courts,” the resolution said. “It is essential to understand how much thought the founders of the Constitution had put in while arriving at such a decision.”
BR Ambedkar had advocated for UCC, but never pressed for one, the resolution said. “Ambedkar, who advocated Parliament passing the Uniform Civil Code by respecting citizens’ rights to choose their laws, never pressed for one. So, it’s very clear that he was pointing towards a possibility. Common Civil Law was restricted to the scope of the Directive Principle of State Policy due to this opposition,” it added.
“The idea of a uniform civil code in the Constitution is not the same as that of the version of the UCC of the Sangh Parivar. Their idea of the law is as per the Manusmriti. They had made it very clear early on,” Vijayan said while moving the resolution.
“If the UCC becomes a reality, will it solve the underrepresentation of STs, SCs, minorities and OBCs in education and job sectors? Will Dalits stop being attacked in the name of jobs, clothing and living partner? Will khap panchayats be erased? Will the discrimination faced by Hindu women in adoption, succession be eliminated?” he asked.
BJP leaders in the state have not reacted to the assembly resolution on the UCC.
The opposition in Kerala, the Congress-led UDF welcomed the resolution.
“We welcome the move of the government to bring this resolution by consulting us. I will suggest a modification in the draft resolution where it says in the end that the creation of the code should only be after discussions with religious groups and state governments,” leader of the opposition VD Satheesan said. “The resolution should instead say that this law should never be implemented.”
The revised resolution was later passed by the assembly.
The Law Commission of India last month received submissions from the public regarding the implemention of the UCC in the country.
