The Hindu : BJP wants Law Commission to frame common civil code

Online edition of India's National Newspaper
Monday, Jul 28, 2003

National

National

BJP wants Law Commission to frame common civil code

By Our Special Correspondent

CHENNAI JULY 27. The Bharatiya Janata Party today suggested that the Law Commission be entrusted with the responsibility of framing a model common civil code, in the light of the recent observation of the Supreme Court.

The party president, M. Venkaiah Naidu, told mediapersons here that the Commission could take positive features of every personal law and incorporate them in the draft code, which could subsequently be taken up by Parliament for discussion and approval.

Calling for a national debate on the common civil code, he said laws relating to contracts and transfer of property were already uniform.

The diversity that existed now was in respect of marriage, divorce, maintenance, adoption, inheritance and succession. "We can examine the various personal laws — Hindu, Muslim, Christian and Parsi laws and civil laws — and identify fair and equitable ingredients in them. Let there be a debate on these issues."

Urging the Congress and the Left parties to leave their "pseudo secularist approach and narrow vote bank politics", Mr. Naidu wondered, "When they say all the faiths should be given equal respect, why are they not supporting a common law for all?"

Asked why the BJP was not attempting to develop a consensus within the National Democratic Alliance but was appealing to the Congress and the Communist parties, the BJP president said it was better to go in for a national consensus on such issues.

Moreover, the common civil code was not part of the NDA agenda.

On why the party was not thinking of the "legislation option" for the civil code as in the case of POTA, he said the view within the ruling alliance was favourable in the case of the anti-terrorism Act.

Besides, parties such as the AIADMK and the BSP, which were not part of the NDA, also supported the Government. But in the case of the civil code, the party did not want to see any legislation defeated in Parliament.

"This is why we are suggesting a national debate in which a consensus can be developed."

He clarified that by suggesting the common civil code, the party was not targeting any particular set of personal laws concerning any religious group. "The personal laws of all religions may have to undergo transformation, be they Hindu or Muslim or Christianity. Rituals in relation to marriage and death can be helped by religious practices but rights emanating from them should be regulated by law, which should be non-discriminatory, based on gender equality and respect the dignity of all citizens — men and women".

Dismissing the Congress contention that the CBI had dropped conspiracy charges against the Deputy Prime Minister, L.K. Advani, in the Ayodhya case, Mr. Naidu said the charge sheet was originally filed in 1993 when Uttar Pradesh was under President's Rule; the senior Congress leader Motilal Vora was Governor and P.V. Narasimha Rao was the Prime Minister.

At that that time, the Congress did not bother to include the charge of conspiracy in the chargesheet against Mr. Advani, but now it wanted him to resign.

In another attack on the Congress, he said, "Let them look back at their past. During Indira Gandhi's regime, the then Central Government had withdrawn several criminal and corruption cases against many of its leaders. But we have not dropped any case against our leaders."

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