New Delhi: The Supreme Court on Monday (September 5) asked the central government to clarify within three weeks its stand on the feasibility of implementing the Uniform Civil Code (UCC) in the country. A bench of Chief Justice UU Lalit and Justice S Ravindra Bhat was hearing petitions seeking uniformity in laws on age of marriage, grounds for divorce, succession and adoption.
During the hearing, the court said, "These petitions are seeking uniformity in the laws of marriage, divorce, adoption, succession and maintenance." What is the difference between these things? These are all aspects of the Uniform Civil Code. While hearing the petitions, the top court sought a response from the central government within three weeks. A bunch of petitions, filed by advocate Ashwini Kumar Upadhyay and another petitioner Lubna Qureshi, have pointed out deficiencies in various laws on divorce, marriage, succession, adoption and maintenance prevalent for different religions. Upadhyay in his petition has sought uniformity in all these laws. He said that there is a ground for divorce for Hindus, Christians and Parsis for adultery, but it is not so for Muslims. Similarly, leprosy is a ground for divorce for Hindus and Muslims, But not so for Christians and Parsis. He said early marriage is grounds for divorce for Hindus, but not for Christians, Parsis and Muslims.
It has also been said in the petition of Ashwini Upadhyay that women of all religions should be treated equally. He said that those religious practices, which deprive people of their fundamental rights, should not be protected. Solicitor General Tushar Mehta, appearing for the Centre, said that it would essentially be a question of law. If need be, we will reply within three weeks.
All India Muslim Personal Law Board's protest started:-
Opposing these petitions, the All India Muslim Personal Law Board (AIMPLB) and a Muslim woman Amina Sherwani have opposed these petitions in the Supreme Court. He alleged that an attempt is being made to bring UCC through the back door. Senior advocate Huzefa Ahmadi, appearing for the Muslim Personal Law Board, said Upadhyay had made a similar demand in a writ petition filed in the Supreme Court in 2015, which he later withdrew. He said that Ashwini Upadhyay had later filed a petition before the Delhi High Court seeking implementation of the UCC, which is still pending.
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