Supreme Court tells govt to enact one secular law for all communities

Uniform civil code debate gets fresh life as court seeks govt response on Christian divorce law provisions

GN Bureau | May 12, 2015


#supreme court   #uniform civil code   #secular law   #Christians  

Laws of land should make conduct of social life simple and act as deterrent. But India never has been a easy country in terms of rule of law. We are governed by laws that overlap in jurisdiction and many a times contradictory. Even the supreme court has expressed its helplessness.

On Monday the court asked the government to enact one secular law that should be made applicable to all people cutting across communities and religions. In effect the SC seems to suggest uniform civil code in India.

A bench of Justices Vikramajit Sen and Abhay Manohar Sapre raised questions as to why there were different laws for different communities for governing matrimonial issues. The court then asked the Centre why it was reluctant to bring uniformity in laws.

“One secular law should be made applicable across the board regardless of communities and religions affiliation of a person. It should be applicable all over the country. You should yourself spring up and tell the court that you would do it. Why are you contesting on the issue?” the bench asked the Centre which sought more time to take a stand.

The court has been saying that the law should not be compelled to recognize personal law in civil and family matters like divorce, marriage and adoption. It had said religion must be stamped out of civil matters.

The SC is examining the validity of a 146-year old provision that says divorce can't be granted to Christian couples on mutual consent if they were not living separately for at least two years. It said Christian divorce law provision making separation for two years mandatory for any couple to get divorce under mutual consent should be done away with and the period must be reduced to one year as applicable to couples of other communities.

The uniform civil code has been a key element in the BJP election manifesto. It says that that there cannot be equality for women till such time that a common civil code is adopted to protect the rights of India's women.

The BJP says it would accord top priority to drafting such a code which would 'draw upon the best traditions of (Indian culture) and harmonise them with times.'

Comments

 

Other News

The three Es to end open defecation

Open defecation is an issue that plagues our country every morning between 2 am and 6 am! To get rid of this practise from Indian society, prime minister Narendra Modi on October 2, 2014 announced the Swachh Bharat Mission (SBM). The Swachh Bharat Mission is a spin-off from the Nirmal Bharat Abhi

Aadhaar data not leaked: UIDAI

 The Unique Identification Authority of India (UIDAI) on Monday said here that the Aadhaar data is fully safe and secure and there has been no data leak or breach. UIDAI said in a statement that data on government websites was placed in public domain as a measure of proactive disclosure unde

Aadhaar data not leaked: UIDAI

 The Unique Identification Authority of India (UIDAI) on Monday said here that the Aadhaar data is fully safe and secure and there has been no data leak or breach. UIDAI said in a statement that data on government websites was placed in public domain as a measure of proactive disclosure unde

Right of mother, child to good health, well-being non-negotiable

 The United Nations General Assembly recognized November 20, 1954 as Universal Children’s Day to promote and celebrate the rights of children. On this day in 1959, the UN adopted the Declaration of the Rights of the Child and in 1989, the Convention on the Rights of the Child. While the day is c

Private sector hiring may look up in next fiscal: ASSOCHAM

The hiring outlook in the private sector is expected to stay muted till beginning of fiscal 2018-19, an ASSOCHAM assessment based on its feedback from members has indicated. "The focus, right now is how to deleverage, consolidate, exit from non-core businesses and achieve a lean and me

Gujarat in the times of another Vikas

In October, during yet another of his visits to Gujarat, prime minister Narendra Modi inaugurated a curious range of projects in Vadodara: a transport hub and multi-level parking facility as well as a waste-to-energy plant of the municipal corporation. If there were no elections coming closer, it would hav



Video

Former cabinet minister priyarajan dasmunshi passes away after prolonged illness

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter