Will Modi Government implement Uniform Civil Code in India

|The Den|

The Supreme Court on Monday directed the Centre to state its position on the feasibility of implementing a Uniform Civil Code (UCC) in the country within three weeks.

A bench comprising Chief Justice of India U U Lalit and Justice S Ravindra Bhat was hearing a batch of petitions seeking uniformity in laws governing the age of marriage, grounds for divorce, succession, adoption, guardianship, and maintenance when it noted that these issues are various "facets" of UCC and directed the Centre to file its response on each.

A slew of petitions filed by lawyer and Bharatiya Janata Party (BJP) leader Ashwini Kumar Upadhyay and another petitioner, Lubna Qureshi, have highlighted inconsistencies in the laws governing divorce, marriage, succession, adoption, and maintenance that apply to different religions.

In his petition, Upadhyay sought consistency in the grounds for divorce. Adultery is a punishable offense for Hindus, Christians, and Parsis, but not for Muslims, he claims.

Similarly, incurable leprosy is a divorce ground for Hindus and Muslims but not for Christians and Parsis. He also stated that underage marriage is a ground for divorce for Hindus but not for Christians, Parsis, or Muslims.

Only Hindus have a codified law that allows an adopted child to inherit property and be recognized as the biological child of the adoptive parents, according to Upadhyay. He went on to say that the situation is not the same for Muslims, Christians, and Parsis.

Upadhyay’s petition also said women across religions ought to be treated equally. Religious practices which deny them their fundamental rights should not be protected, he said.

“We are considering what response the Centre will file and what kind of judicial process we can issue in this matter. Assuming we might issue a mandamus (writ giving a direction), can we issue a mandamus itself is in question and also whether you intend to place such a bill in Parliament,” the bench stated.

Solicitor general Tushar Mehta said that it would essentially be a question of law and if need be, we will put in a reply in three weeks.

Opposing the pleas, the All India Muslim Personal Law Board and a Muslim woman, Amina Sherwani, filed intervention applications in the top court. They alleged attempts were being made to bring in the UCC through the backdoor.