PM Modi calls for secular civil code to end relgion-based discrimination

New Delhi: Prime Minister Narendra Modi on Thursday said a "secular civil code" is the need of the hour for the country, as he described the existing set of laws as "communal civil code" and termed them discriminatory. In his Independence Day address from the ramparts of the Red Fort, Modi said, "A large section of the country believes, which is true also, that the civil code is actually in a way is a communal civil code. It discriminates (among people)."

He said laws which divide the country on communal lines and become a reason for inequality have no place in a modern society.

"I would say, it is the need of the hour that India has a secular civil code. We have lived 75 years with a communal civil code. Now, we have to move towards a secular civil code. Only then would religion-based discrimination end," he said.

The prime minster noted that the Supreme Court has given various directions in this regard. The spirit of the Constitution also encourages such a uniform code, he said, referring to Article 44 under the Directive Principles of State Policy. The article states that it is the duty of the State to secure for the citizens a Uniform Civil Code throughout the territory of India.

"It is our responsibility to fulfil the dream of the makers of our Constitution. I believe there should be a serious discussion on the subject, " said PM.

Uttarakhand came out with its own uniform civil code recently. The Central government had referred the issue of a common code to the Law Commission, which began fresh public consultations on the issue last year. Before that, the 21st Law Commission, which was in operation till August 2018, had examined the issue and solicited the views of all stakeholders on two occasions. Subsequently, a consultation paper on "Reforms of Family Law" was issued in 2018.

In its consultation paper issued on August 31, 2018, the 21st Law Commission, headed by Justice (retd) B S Chauhan, had said the diversity of Indian culture can and should be celebrated, and specific groups or weaker sections of society must not be "dis-privileged" in the process.It said the Commission dealt with laws that are discriminatory rather than providing a uniform civil code "which is neither necessary nor desirable at this stage".

The consultation paper said 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. A uniform civil code in India has been a key agenda of successive BJP manifestos.

In short, a uniform civil code means having a common law for all citizens of the country that is not based on religion. Personal laws and laws related to inheritance, adoption and succession are likely to be covered by a common code.