What is in Law Commission’s questionnaire on Uniform Civil Code?

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IndiaTomorrow.net,
New Delhi, Oct 13: The All India Muslim Personal Law Board (AIMPLB) has on Thursday rejected the public questionnaire of the Law Commission of India and asked the Muslim community to boycott it. The Law Commission on 7th Oct had issued the questionnaire seeking public opinion on Uniform Civil Code and ban/regulation of some social and religious practices like triple talaq and polygamy.

“The Law Commission of India welcomes all concerned to engage with us on the comprehensive exercise of the revision and reform of family laws, as the Article 44 of the Indian Constitution provides that ‘the state shall endeavour to provide for its citizens a uniform civil code throughout the territory of India’,” said Justice Dr. B.S. Chauhan, Chairman Law Commission of India in his appeal just above the questionnaire.

Addressing a press conference at Press Club of India here today, the AIMPLB leaders criticized the commission for giving the call for uniform civil code a constitutional position.

“The fact is that the questionnaire points to the ulterior intentions of the commission and is an attempt to nullify the Muslim Personal Law. The question is framed so as to confuse the respondents. By referring to article 44 of the Constitution, an attempt is made to give a constitutional position to the Uniform Civil Code. This is false and deceit as the clause is Directive Principle which is not bound to be implemented,” said the board.

“So far as the constitution is concerned, basic importance is for the fundamental rights. As per Article 25 of the fundamental rights, each and every individual has the right to follow, practice and propagate the religion of his/her choice,” it further said.

What is in the questionnaire of Law Commission?
In the questionnaire, there are 16 objective-type questions with multiple options as answer. In the very first question, it asks the respondent if they know about the constitutional provision about the uniform civil code and if further action should be taken on the provision. And then the second question mentions seven practices and asks the respondent if the uniform civil code should include all or some of them.
Here are some questions from the questionnaire. Below is full questionnaire in image form.

Are you aware that Article 44 of the Constitution of India provides that “the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India”?
a. Yes
b. No
In your view, does this matter require any further initiatives? —–

The various religious denominations are governed by personal laws and customary practices in India on matters of family law, should the UCC include all or some of these subjects?
1. Marriage
2. Divorce
3. Adoption
4. Guardianship and Child custody
5. Maintenance
6. Successions
7. Inheritance
a. Yes, it should include all these
b. No, it should exclude —-
c. It should further include —-

Do you agree that the existing personal laws and customary practices need codification and would benefit the people?
a. Yes
b. No
c. Personal laws and customary practices should be replaced by a uniform code
d. Personal laws and customary practices should be codified to bring them in line with fundamental rights.

Will uniform civil code or codification of personal law and customary practices ensure gender equality?
a. Yes
b. No.

Should the uniform civil code be optional?
a. Yes
b. No

Should the following practices be banned and regulated?
a. Polygamy (Banned/Regulated)
b. Polyandry (Banned/Regulated)
c. Similar customary practices such as Maitri-karaar (friendship deed0 et al. (Banned/Regulated)

Should the practice of triple talaq be
a. Abolished in toto.
b. Retained the custom
c. Retained with suitable amendments

Do you agree that the two-year period of wait for finalising divorce violates Christian women’s right to equality?
a. Yes, it should be made uniform across all marriages
b. No. This period is sufficient and in-keeping with religious sentiments.

Would uniform civil code infringe an individual’s right to freedom of religion?
a. Yes
b. No
Give reasons: —-

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