In a veiled attack on the ruling BJP, the Congress on Thursday said uniform civil code (UCC) cannot become a political instrument designed to keep the country in a state of permanent polarization.

The party also categorically said a UCC can only come about after widespread debate and discussion with the objective of building a genuine consensus.

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Pointing out that the Gujarat government has announced the formation of a panel to formulate a UCC to be introduced in the state, Congress General Secretary in-charge of Communications Jairam Ramesh said this comes after the Uttarakhand government recently enforced a UCC in that state that, however, exempts scheduled tribes.

He asserted that the Uttarakhand UCC is a poorly drafted piece of legislation that is highly intrusive.

“It is not an instrument of legal reform in the slightest as there is nothing that addresses the actual concerns expressed with regard to family law over the last decade. It has been forcibly imposed as an integral part of the BJP’s divisive agenda,” the Congress MP said.

Ramesh said the 21st Law Commission appointed by the Narendra Modi-led government had submitted its 182-page ‘Consultation Paper on Reform of Family Law’ on August 31, 2018.

“Para 1.15 of that Consultation Paper states the following: While diversity of Indian culture can and should be celebrated, specific groups, or weaker sections of society must not be dis-privileged in the process. Resolution of this conflict does not mean abolition of all differences.

“This Commission has therefore dealt with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage,” he said.

The Congress MP further said the Para 1.15 states that most countries are now moving towards recognition of difference and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy.

“Subsequently, in a press note published on June 14, 2023, the 22nd Law Commission of India notified its intention to examine the subject of a UCC. This was being done, the press note clarified, on a reference sent by the Ministry of Law & Justice. However, the 22nd Law Commission was wound up on August 31, 2024 without submitting its report on the UCC. The 23rd Law Commission was announced on September 3, 2024, but its composition has not yet been made public,” Ramesh said in a statement.

He said the Constituent Assembly, while agreeing to what became Article 44 in the Constitution of India, could not have envisaged a large number of uniform civil codes passed in state legislatures in a piecemeal manner.

“Multiple uniform civil codes go against the very idea of what Article 44 states as ‘ a uniform civil code throughout the territory of India. A UCC as envisaged in Article 44 can only come about after widespread debate and discussion with the objective of building a genuine consensus. It cannot become a political instrument designed to keep the country in a state of permanent polarisation,” Ramesh added.