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Uniform Civil Code not possible, says Law Commission Chairman

The UCC means implementation of one law on issues like marriage, divorce/separation and inheritance, which will be uniformly be applicable for all Indians irrespective of religion, caste, and community.

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The Uniform Civil Code (UCC) is almost impossible to implement and personal laws cannot be scrapped as it will violate the constitution, Law Commission Chairman Justice Balbir Singh Chauhan said on Tuesday.

“Personal laws can never be done away with as they have constitutional protection,” Justice Chauhan said according to a News18 report.

“UCC is not possible. We will try to recommend religion-wise amendments in family laws. It would be the piecemeal way to suggest what are the changes required in Hindu law, Muslim law, Christian law, Parsi law, etc. We will target the problems of each religion and deal with them accordingly. We cannot take the whole UCC, as we cannot go outside the constitution,”Justice Chauhan said.

Justice Chauhan also said that all traditions and customs of the various sections are protected by the constitution so UCC is not possible to be implemented. Since personal laws are part of the constitution under Article 25, it cannot be scrapped. 

Justice Chauhan also said that the constitution already guarantees many exemptions to various sections of the society so UCC is "not a solution and there cannot be a composite act".

Earlier, the Narendra Modi-govt had asked the Law Commission to examine the implementation of the 'one law, one nation' issue. The BJP has been pushing for the Uniform Civil Code and it has been a long standing electoral promise by them.  The Uniform Civil Code has been one of the contentious issue ever since the triple talaq issue became a highly publicised debate.

The UCC means implementation of one law on issues like marriage, divorce/separation and inheritance, which will be uniformly be applicable for all Indians irrespective of religion, caste, and community. The UCC is to ensure that the citizens are all governed by a single law. India being a diverse country consisting of various communities that have different personal laws based on many beliefs, the idea of UCC was to ensure implementation of one law irrespective of any section of the society.

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