Rejecting the law Commission’s questionnaire seeking the response of the State Governments on Uniform Civil Code (UCC), Bihar has suggested the panel and the Centre to share the proposed UCC with all the stakeholders before its implementation. Bihar has become first State to reject the law Commission’s proposal. The matter came under the deliberation of the Bihar Cabinet chaired by Chief Minister Nitish Kumar which declined to give its opinion and return the proposal. “It is desirable that the whole idea of scrapping various personal laws and replacing the same with a UCC is first put to debate in the Parliament as well as legislative Assemblies of States and other forums in the civil society before the Centre thinks of going ahead with formulation of UCC,” the Bihar rejoinder to law Commission of India chairman Justice BS Chauhan pointed out.
The Government also took exception to the nature of questions which required response only in yes or no to two or three options. One of the question was: Should the practice of triple talaq be: abolished in total; retain the custom or be retained with suitable amendments.
The Government replied, “It will be prudent to wait for various religious communities to debate the idea within their society and to express their views for or against the idea at a suitable time to be chosen by them. We must not forget that ours is a nation based on a delicate balance in respect of laws and governing principles for different religions and ethnic groups. In any case, imposition of UCC without forming consensus among the various religious groups, especially the minorities, will create a situation of social discord and lead to erosion of faith in the constitutional guarantee of freedom of religion.”
Bihar law Secretary Ujjwal Dubey said the Government decided not to accept the list of 16 questionnaires or to give reply to them. The law Commission has been urged to clarify what it proposed to do, he added.
Officials said that questionnaire has been examined carefully but it seemed that questions have been framed in a such a manner so as to force the respondent to reply in specific way and denying enough scope to frame him own independent replies.
The letter also pointed out, “As per media report, all major religious groups within the Muslim community have unanimously rejected the possibility of UCC at this point of time. There is hardly any support or demand of UCC from any other religious group so far.