'Intrusion Into Citizens' Rights': DMK Writes To Law Commission On Uniform Civil Code

Duraimurugan said that to say that the personal laws will be completely wiped out or eclipsed by a Uniform Civil Code is in our view an unjustifiable encroachment into Articles 25 & 29.

DMK General Secretary Duraimurugan wrote to the Chairman and Members of Law Commission of India strongly opposing the imposition of any Uniform Civil Code (UCC) by the Union Government. He condemned the move as UCC could wipe away the personal laws of each religion in personal matters like religion, adoption and succession. The Minister charged that UCC was an anti-thesis to the right of freedom of practising and propagating one's religion under Article 25 of the Constitution of India and the rights given to minorities under Article 29.

In the letter, Duraimurugan also mentioned about the unconstitutionality of the Uniform Civil Code. Duraimurugan said, "The custom of marriage cannot be looked at as a mere civil contract between two adults under Hinduism, Christianity and other religions. Only Islam regards matrimony as a contract, but that even in that religion, the marriage has to be solemnised as per the Quran, in line with their traditions.”

“It is a sacred ritual or covenant for the believers of these faiths and hence there is always an association of religious rituals and beliefs with marriage. No doubt, after marriage is solemnised by religious rituals, a State can require that the couples register their marriage for the purpose of maintenance of records,” he said.

In the State of Tamil Nadu, Duraimurugan said, “Tamil Nadu Registration of Marriages Act, 2009 requires that every marriage performed on and from the date of commencement of the Act shall be registered under the Act notwithstanding the fact that the marriage has been entered into through personal laws of the parties or custom usage or tradition.”

Duraimurugan said that to say that the personal laws will be completely wiped out or eclipsed by a Uniform Civil Code is in our view an unjustifiable encroachment into Articles 25 & 29. It is also an intrusion into the citizens right to practice religion which includes being married etc. under the norms of that religion, he said.