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PIL Seeking Uniform Civil Code: Delhi HC Asks Government to File Affidavit

LIVELAW NEWS NETWORK
27 Aug 2019 12:14 PM GMT
PIL Seeking Uniform Civil Code: Delhi HC Asks Government to File Affidavit
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Delhi High Court has asked the government to file an affidavit in a PIL seeking bringing about Uniform a Civil Code in the country.

Filed under Article 226 of the Constitution, Ashwini Upadhyay had sought the following directions from the court:

1. Direct the Union of India to constitute a Judicial Commission or a High Level Expert Committee, to draft a UCC as per Article 44 of the Constitution within 3 months, while considering best practices of all religions and sects, Civil Laws of developed countries and international conventions

2. In the alternative, direct the Law Commission to draft UCC under the aforementioned considerations

Four times in the past, the Supreme Court has cited the need to bring about the Uniform Civil Code. In cases such as Shah Bano and Sarla Mudgal the apex court had said that the idea of a UCC has become a dead letter of law.

The court asked the Petitioner,

'What do you mean by UCC? Why do we require the same marriage laws for every religion? How does it affect you? How can there be uniformity when all persons are different? Kindly explain to us why they should be treated similarly.

The next hearing would be on November 4.  

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