Law

Kerala assembly unanimously opposes Uniform Civil Code, citing concerns over the secular character

Kerala becomes the first state to pass a resolution against UCC. Urged the central government to engage in constructive discussions with various religious groups

In an opposing move, the Kerala assembly has passed a unanimous resolution opposing the implementation of the Uniform Civil Code (UCC). The resolution, presented by Chief Minister Pinarayi Vijayan, garnered support from all parties within the ruling Left Democratic Front (LDF) and the United Democratic Front (UDF). This united stance showcases the state’s apprehension about the central government’s efforts to impose the UCC without achieving a consensus, which some fear could undermine the secular essence of the Indian Constitution.

Chief Minister Pinarayi Vijayan, while introducing the resolution, emphasized that the idea of a Uniform Civil Code within the Constitution differs from the version proposed by the Sangh Parivar. He asserted that the latter’s interpretation appears to draw from the Manusmriti, a historical legal text, which was distinct from the inclusive vision of the Constitution.

The Bharatiya Janata Party (BJP), which supports the UCC, lacks representation in the Kerala state assembly, highlighting the widespread opposition to the UCC proposal in the region. Kerala has now become the first Indian state to formally oppose the UCC through a legislative resolution.

The resolution also conveyed concerns over the lack of consensus-building and urged the central government to engage in constructive discussions with various religious groups before making any substantial decisions that impact the populace.

It’s worth noting that although there has been extensive discourse surrounding the UCC, an official draft of the proposed law has not yet been presented. Despite assurances from the Uttarakhand government’s expert panel, headed by Chief Minister Pushkar Singh Dhami, the draft has not been disclosed to the state government as promised.

The Law Commission of India, responsible for soliciting public input on the UCC until July 28, claims to have received an impressive number of over 3 lakh responses. The commission’s task is to gather insights from citizens across the nation to inform the potential formulation of the law.

Prime Minister Narendra Modi has advocated for a Uniform Civil Code, arguing that a single set of laws is essential for ensuring equality as enshrined in the Constitution. However, the recent resolution by the Kerala assembly questions this notion, asserting that the UCC is confined to the realm of Directive Principles of the Constitution and is not legally binding.

Interestingly, the resolution also cited the stance of Dr B.R. Ambedkar. He advocated for a Uniform Civil Code but did not aggressively push for its immediate implementation. His position reflected a possibility rather than an insistence, and the resolution indicated that his vision was in line with the limited scope of the Directive Principle of State Policy.

Uniform Civil Code entails a comprehensive set of laws encompassing marriage, inheritance, adoption, and other matters that transcend religious boundaries. This move by the Kerala assembly follows its earlier resolution against the Citizenship Amendment Act.

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