28 Sep 2021 11:43 AM GMT
Another writ petition has been filed before the Delhi High Court seeking a direction to the Government of India to draft a Uniform Civil Code (UCC), in spirit of Article 44 of the Constitution.Article 44 of the Constitution provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.In the alternative, the plea seeks a direction to...
Another writ petition has been filed before the Delhi High Court seeking a direction to the Government of India to draft a Uniform Civil Code (UCC), in spirit of Article 44 of the Constitution.
Article 44 of the Constitution provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
In the alternative, the plea seeks a direction to the Law Commission to draft a UCC by including (i) uniform minimum age of marriage (ii) uniform grounds of divorce (iii) uniform maintenance & alimony (iv) uniform adoption & guardianship and (v) uniform succession and inheritance.
The plea filed by one Danish Eqbal, claiming to be a social activist, states that the above pointers are secular activities. Thus, the reliefs sought in the plea will not in any manner affect the religious activities like Puja, Namaz, Prayer, fasting, maintenance of Temple, Mosque, Church and Gurudwara and Marriage, Nikah and death ceremonies covered under Article 25 of the Constitution.
Instead, the plea highlights that UCC will:
The plea was mentioned today before a Bench of Chief Justice DN Patel and Justice Jyoti Singh, by the Petitioner appearing in person. He stated that being a Muslim, his sister would be most benefitted with the framing of UCC under Article 44.
Significantly, the plea highlights certain stipulations under the Muslim personal law, that put women at a disadvantageous position. It mentions:
The development comes soon after Justice Pratibha M Singh of the Delhi High Court expressed the need for a uniform civil code while noting that the traditional barriers in the country are slowly disappearing.
"Indian Society Becoming Homogenous, Traditional Barriers Of Religion Slowly Dissipating": Delhi High Court Bats For Uniform Civil Code
Earlier, BJP leader and Advocate Ashwini Upadhyay had approached the High Court seeking Uniform Civil Code in spirit of Article 44 of the Constitution, while considering the best practices of all religions and sects, Civil Laws of developed countries and international conventions.
The High Court had issued notice on his plea in May 2019 and had directed the Central Government to file its affidavit in the matter.
However, the matter came to a standstill following the filing of a petition before the Supreme Court seeking transfer of the above petition, in order to secure gender justice, gender equality and dignity of women in spirit of Articles 14, 15, 21 and 44 of the Constitution and International Conventions.
Meanwhile, Law Minister Kiren Rijiju said that the Government is not inclined to implement UCC in a rigid time frame, given the "importance" of the subject matter and "sensitivity" involved.
In 2019, the Supreme Court had observed that no attempt has been made yet by the Government to frame a Uniform Civil Code, despite exhortations by it.
"It is interesting to note that whereas the founders of the Constitution in Article 44 in Part IV dealing with the Directive Principles of State Policy had hoped and expected that the State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territories of India, till date no action has been taken in this regard. Though Hindu laws were codified in the year 1956, there has been no attempt to frame a Uniform Civil Code applicable to all citizens of the country despite exhortations of this Court in the case of Mohd. Ahmed Khan vs. Shah Bano and Sarla Mudgal & Ors. vs. Union of India & Ors.", the court had observed.
Case Title: Danish Eqbal v. Union of India