Number of social evils take refuge as religious customs: Previous law commission had warned

New Delhi: A number of social evils like sati, child marriage and triple talaq take refuge as religious customs and to seek their protection under law as 'religion' would be a grave folly, the previous law commission had cautioned some five years ago.

As the 22nd Law Commission on Wednesday initiated fresh consultations on uniform civil code, the focus is back on the politically-sensitive subject.

A consultation paper on "Reform of Family Law" issued in August, 2018 by the 21st Law Commission had dealt with the same subject.

Since over three years have lapsed from the date of issuance of the consultation paper, bearing in mind the relevance and importance of the subject and also the various court orders on the subject, the 22nd Law Commission considered it expedient to deliberate afresh over the subject, the present law panel said in a public notice.

The consultation paper had said that while freedom of religion and right to not just practice but also propagate religion must be strongly protected in a secular democracy, it is important to bear in mind that a number of social evils take refuge as religious customs.

"... These may be evils such as sati, slavery, devdasi, dowry, triple talaq, child marriage or any other. To seek their protection under law as 'religion' would be a grave folly." These practices, the consultation paper had said, do not conform with basic tenets of human rights and nor are they essential to religion.

While even being essential to religion should not be a reason for a practice to continue if it is discriminatory, it said.