New Delhi, Jan 28 (IANS): Manu Gaur, a member of the committee that drafted the UCC rules, shared his insights in an exclusive interview with IANS. During this conversation, he explained why the committee did not consider making laws regarding population control as part of the UCC.
Manu Gaur explained that the committee did receive several suggestions to introduce laws on population control. But the panel’s primary focus was on issues related to personal laws, not population control, he added.
He further remarked subjects assigned to the committee at its formation were related to Entry 5 of the Constitution, whereas population control falls under Entry 20. As a result of this no proposal was made for a new law on population control, Gaur explained.
However, he mentioned that the committee presented the public sentiment on population control to the government and expressed hope that this issue would be considered in the future.
He also talked about Islamic practices such as triple talaq, halala, and iddat. Gaur pointed out that these practices were originally intended to exploit women, and the proposal for UCC aimed to eliminate such social evils.
Specifically addressing the practice of iddat, he said that its purpose was to determine whether a woman was pregnant, but with advancements in technology, it had become obsolete.
He emphasised that the UCC would protect the rights of women and children, and the law's implementation was a necessary step for safeguarding these rights in today's time.
Regarding the exclusion of tribal communities from the UCC, Gaur explained that the Indian Constitution grants special rights to tribes, and to protect their cultural and traditional heritage, they were kept outside the scope of the law.
Citing Article 342 of the Constitution, he pointed out that special provisions exist for tribal communities, and therefore, implementing UCC in these areas was not feasible.
Gaur applauded the step taken by Uttarakhand in implementing the UCC, calling it a historic moment for the state. He mentioned that the law would apply to citizens who have lived in the state for over a year, government employees, and those benefiting from government services.
He said that under UCC, the registration of live-in relationships would be handled in a manner that keeps the police out of the process. Only a Sub-Divisional Magistrate (SDM) would be involved in the registration process, and all data would be maintained by a Magistrate-level officer. This system aims to ensure that false complaints cannot be filed, and anyone making repeated false complaints would face penalties, with their registration being deactivated.
Gaur stated that this approach would help clarify misconceptions surrounding live-in relationships and provide protection for women and children.
Gaur further said that some Public Interest Litigations (PILs) had been filed challenging the formation of the committee and the implementation of the UCC in court. However, the Supreme Court rejected these petitions and upheld the state's right to implement the UCC.