Topic – Indian polity : Issues
5) Equality ‘within communities’ between men and women (personal law reform), rather than ‘equality between’ communities is more desirable (UCC). Critically analyze. (250 words)
Why this question
The article discusses the recommendations of Law Commission with respect to the desirability of UCC in Indian context. UCC is an important topic for mains, and hence a critical analysis of LCI’s recommendation is required for GS2.
Key demand of the question
The question expects us to discuss the recommendations of LCI with respect to UCC. The assertion being made in the question is that in context of India, it is better to bring reforms in personal laws to ensure gender justice etc rather than focussing on bringing a comprehensive UCC. We need to provide views from both side of the debate and give a fair and balanced opinion in the end.
Critically analyse- When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, all you need to do is look at the good and bad of something and give a fair judgement.
Structure of the answer
Introduction – Mention that in its ‘Consultation Paper on Family Law Reforms’ released Friday, the Law Commission has taken a stand in favour of “equality ‘within communities’ between men and women” (personal law reform), “rather than ‘equality between’ communities” (UCC).
- Discuss the recommendations of LCI – argued for reform of family laws of every religion through amendments and codification of certain aspects so as to make it gender-just. Law Commission has dealt with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage. Most countries are now moving towards recognition of difference, and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy.
- Discuss the pros and cons of the recommendations of LCI. Discuss the issue from societal, constitutional, political perspectives. Discuss the reasons given by LCI in favour of making reforms in personal laws to keep in tune with current times. Also highlight the reason why LCI has resisted from introduction of UCC
Conclusion – Give a fair and balanced view on recommendations of LCI and discuss way forward.