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Law college in Kerala launches competition to study UCC

The teams can choose any one aspect of the proposed UCC like, marriage, divorce, maintenance, adoption, custody and guardianship, and inheritance or succession for study, research, and reform

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The proposed Uniform Civil Code may have received objection from the Muslim personal board, but a law college patronised by the Catholic Bishops’ Conference of India (CBCI) has launched a competition, in which law students across the country will research on the subject.

Baselios Cardinal Cleemis the president of CBCI and National United Christian Forum, who is the patron of Mar Gregorios College of Law from Thiruvananthapuram is organising the competition in association with Menon Institute of Legal Advocacy Training, reported Mail Today. It was also reported that the best report will go to the President and Prime Minister.

“This competition, I hope, will result in making a meaningful contribution towards the drafting of Uniform Civil Code on the basis of objective academic research findings true to the spirit and mandates of the Constitution,” said Cleemis, who is also a member of the National Integration Council chaired by the Prime Minister.

The organisers said duration of the competition for law students is of eight months from February 15 to September 30, and registration is open to law colleges and universities that will have to form a team comprising 20 students.

The teams can choose any one aspect of the proposed UCC like, marriage, divorce, maintenance, adoption, custody and guardianship, and inheritance or succession for study, research, and reform.

Further the students will have to then study in-depth the existing law on the selected subject in different personal laws as codified in legislation or expounded in authoritative texts, and their judicial interpretations.

“For this, the teams may prepare codified versions of existing law among different religions separately for reference and also identify any areas of conflict,” Mail Today reported.

Taking a major step forward amidst the debate over triple talaq the Law Commission of India in October last year, released a questionnaire seeking public opinion on the implementation of UCC.

The questions cover subjects such as marriage, divorce, adoption, and inheritance among others. In order to revise and reform family laws under Article 44 of the Indian Constitution, the survey was aimed to address the discrimination against the vulnerable groups and harmonise various cultural practices.

The CBCI’s stand is that the unity of India should be impeccably safeguarded. All discussions on the UCC must be done taking into account the diversity and freedom ensured by the Constitution and without hurting sentiments of various religious groups, the report said.

Issue to be dealt by a five-judge bench

The Centre last week submitted in the Supreme Court a list of issues for adjudication including the question whether fundamental right to practice and propagate one’s religion protected the practice of triple talaq, ‘nikah halala’ and polygamy among Muslims.

The SC further clarified that it would only look into the legality of triple talaq, and not dig into the Uniform Civil Code (UCC).

A bench headed by Chief Justice J S Khehar perused four questions framed by the Centre and said they were “Constitutional” ones which need to be dealt by a five-judge bench.

Of the four questions the first issue was whether the practices of triple talaq, ‘nikah halala’ and polygamy are protected under Article 25(1) of the Constitution.

Earlier, the Centre, in its affidavit, had opposed these practices among Muslims by referring to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries.

“It is submitted that the issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the over-riding principle of non-discrimination, dignity and equality,” it had said.

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