Uniform civil code vast issue, not desirable: Law panel

New Delhi: A uniform civil code is 'neither necessary nor desirable' at this stage, the Law Commission said in a consultation paper and suggested changes in laws relating to marriage, divorce and alimony.

Issuing a consultation paper instead of a full-fledged report on the contentious topic, the panel held freedom of religion as also to propagate it must be strongly protected in a secular democracy. It also noted that a number of 'social evils' such as the practice of triple talaq and child marriage should not be allowed to take refuge under 'religious customs'.

"To seek their protection under law as religion would be a grave folly," it said in the paper titled 'Reform of Family Law'.

A bill to ban the practice of instant triple talaq is pending in Rajya Sabha.

The panel, whose three-year term ended on Friday, said diversity of Indian culture should be celebrated, but weaker sections of the society must not be 'dis-privileged in the process'.

"Resolution of this conflict does not mean abolition of difference. 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," the document said.

The issue of uniform civil code is vast, 'and its potential repercussions, untested in India,' it felt.

Panel chairman justice B S Chauhan (retired) had earlier said instead of recommending a uniform code, the commission might suggest 'piecemeal' changes in personal laws.

Now, it will be up to the 22nd Law Commission to bring out a final report on the controversial issue. There has been no decision so far on constitution of the next Commission.

The Law Ministry had on June 17, 2016, asked the panel to examine matters related to the uniform civil code.

Gender equality

On the issue of equal rights for women, it said, there is a need to recognise the role of woman in a household and regardless of her financial contribution, she should get an equal part of the property gained after divorce.

However, it said this principle does not automatically translate to an 'absolute' equal split of property at the end of the relationship. In a number of cases, such a yardstick may be an 'unfair burden' to one of the parties, the panel observed.

It said all personal and secular laws - the Hindu Marriage Act, 1955, Special Marriage Act, 1954, the Parsi Marriage and Divorce Act, 1936 (for Christians), the Dissolution of Muslim Marriages Act, 1939 - can be amended for this.

The Special Marriage Act is described as a 'secular law' as inter-faith marriages are solemnised under it.

Marriageable age

The panel also suggested that 18 years should be the minimum legal age for men and women to get married. Currently, the minimum age for men is 21 years and 18 years for women to get married.