Minority rights group calls for wider consultation on UCC before governor’s assent

By A Representative  

The Minority Coordination Committee Gujarat has submitted a detailed representation to the Governor of Gujarat, urging that assent be withheld from the recently passed Uniform Civil Code (UCC) Bill by the state assembly. The memorandum, submitted from the Committee’s office in Mirzapur, raises constitutional, legal, federal and social concerns regarding the proposed legislation.

In the representation addressed to the Governor at Raj Bhavan in Gandhinagar, the Committee expressed “deep respect” for the constitutional office while appealing for reconsideration of the Bill. It argued that the proposed UCC could disturb the delicate balance maintained by the Constitution between individual rights, community freedoms and the country’s pluralistic traditions. The memorandum referred to constitutional guarantees such as equality before law, protection of life and personal liberty, freedom of religion and the cultural rights of minorities, stating that the Bill may impose uniformity without adequately safeguarding diversity.

The Committee emphasized that personal laws are not merely legal frameworks but are closely linked to the religious beliefs, cultural traditions and social practices of various communities. It noted that the Supreme Court has, in several judgments, acknowledged the sensitive nature of personal laws and has advocated gradual and consultative reforms. Any abrupt or unilateral changes, the memorandum cautioned, could lead to constitutional disputes and social unrest.

Concerns were also raised regarding legislative competence and the federal structure. The Committee pointed out that subjects such as marriage, divorce, inheritance and family law fall under the Concurrent List, and while states have the power to legislate, a state-level UCC could create inconsistencies with central laws and lead to legal disparities across states, potentially undermining the very objective of uniformity.

The representation further alleged that the process leading to the passage of the Bill lacked adequate public consultation and stakeholder engagement. It stated that a law with such wide-ranging implications required extensive dialogue with legal experts, civil society, religious scholars and affected communities. The absence of such consultation, it said, raises questions about procedural fairness and democratic principles.

The Committee also expressed apprehension that the law could disproportionately affect minority communities, leading to concerns of indirect discrimination. While acknowledging that objectives such as equality and gender justice are important, it argued that reforms must be pursued in a manner that respects constitutional protections and does not marginalize any section of society.

Invoking the Governor’s discretionary powers under Article 200 of the Constitution, the Committee urged that assent to the Bill be withheld in its present form. It also requested that the legislation be referred to the President for consideration, and called for the initiation of a broad-based consultative process involving all stakeholders before any further steps are taken.

The memorandum was sent by email by Mujahid Nafees, Convener of the Minority Coordination Committee Gujarat, who expressed hope that the Governor’s intervention at this stage would help uphold constitutional values and strengthen public confidence in democratic processes.