‘Majoritarian Morality Must Not Supersede Personal Laws’: Muslim Personal Law Board Files Objections To Law Commission’s Notice On Uniform Civil Code

 The All India Muslim Personal Law Board has filed its objections to the Law Commission's notice asking public to present views and ideas on the Uniform Civil Code.

“Majoritarian morality must not supersede personal laws, religious freedom, and minority rights in the name of a code which remains an enigma,” the Board said in the representation filed opposing the UCC.

The Board has detailed out the preliminary objections stating that the content set out in the Law Commission’s notice is “vague, too general, and unclear.”

"The terms for the suggestions to be invited are missing. It appears that such a large issue has been floated in the public domain to seek a referendum as to whether the reaction of the general public also reaches the Commission in either equally vague terms or in a 'yes' or ‘no’,” it said.

Stating that the matters concerning the religious book Holy Quran and other religious texts fall within Articles 25 and 26 of the Constitution of India, the Board has said:

“National integrity, safety and security and fraternity is best preserved and maintained if we maintain the diversity of our country by permitting minorities and tribal communities to be governed by their own personal laws."

The board has also raised certain questions regarding the uniformity of family laws and said that the existing general or family laws, including existing codified community based laws, are not truly uniform.

“It is stated that Special Marriage Act (SMA), the closest and continuing model of a uniform family law in India, is not 'uniform'. SMA, not only has been designed as per the majoritarian morality but provides exceptions for customary laws,” the Board said.

It added: “Mere projection of 'uniformity' is not a valid ground for uprooting established systems of laws governing personal matters of different religious communities when even the established general and supposedly uniform laws are not entirely uniform in nature.”

While raising questions on the 21st Law Commission consultation paper, the board has said:

“After the publication of the Consultation report prepared by the 21st Law Commission, the Government has been completely silent on whether it has accepted the same either as a whole or in part.”

Nor has the Government indicated what steps it has taken to interpret the findings of the 21st Law Commission, it added.

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