Implementation of Uniform Civil Code: SC seeks Centre’s reply in three weeks

New Delhi, Sep 06: The Supreme Court on Monday asked the Centre to make its stand on the feasibility of implementing the Uniform Civil Code. The Centre has been given three weeks time to report to the Supreme Court.

The Bench comprising Chief Justice of India U U Lalit and Justice Ravindra Bhat was dealing with a batch of petitions that sought uniformity in laws for age of marriage, grounds of divorce, succession, guardianship, adoption and maintenance.

"These petitions are seeking common marriage, divorce, adoption, succession and maintenance laws. What is the difference between these matters? They are all facets of Uniform Civil Code," the Bench said.

The Bench also said, " let a comprehensive response be filed, indicating the stand of the Union government in respect of issues raised in this batch of petitions."

The petitions filed by BJP leader Ashwini Upadhyay and Lubna Qureshi pointed at the anomalies in the various laws on marriage, divorce, succession, adoption and maintenance prevailing for different religions.

The petitioners sought uniformity on the grounds for which divorce is granted. Upadhyay said that adultery is a ground for Hindus, Christians and Parsis but not for Muslims. Likewise incurable leprosy is a ground for divorce for Hindus and Muslims but not Christians and Parsis. Under age marriage is a ground for divorce for Hindus but not for Christians, Muslims and Parsis, he said.

In the case of adoption only Hindus have a codified law under which an adopted child has the right to inherit property and be recognised as a biological child of the adopted parts, the petitioners said. This is however not the case for Muslims, Christians and Parsis, the petition said.

The petitioner also said that women across religions ought to be treated equally and religious practices that deny them their fundamental right must be protected the petition also 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 Supreme Court said.

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

The All India Muslim Personal Law Board and a Muslim woman Amina Sherwani while opposing the petitions filed an intervention application in the court. They alleged that attempts were being made to bring the Uniform Civil Code through the backdoor.