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

Ram Nath Kovind to be India’s next president

 India’s 14th president is going to be former Bihar governor Ram Nath Kovind, a dalit. He triumphed over former Lok Sabha speaker Meira Kumar in the vote count that took place on Thursday.   Kovind succeeds Pranab Mukherjee, who demits office on July 25. He becomes the

At JNU, all that is beautiful and “solid has melted into the air”…

Dear “Professor” Vice Chancellor,    When the clamour is made all around us, and rightly so, about the condition of growing degeneration of quality education in the higher institutions of learning in our country, you have justly – for which you must be

Making words count

In 2016, 38 bills were enacted in parliament. During that year, on average, the time spent on legislative debate (without interruptions) was 23 percent in the Lok Sabha and 16 percent in the Rajya Sabha (calculated from the PRS Legislative Research data).  Time is, however, just one measure

Business goes north

Tyre manufacturer MRF (originally Madras Rubber Factory), which enjoys instant brand recall thanks to the presence of its logo on cricket superstar Virat Kohli’s bat, figures among the most prominent industries in Tamil Nadu. But the state does not figure in its future plans. Like another TN industry

Do you think the Central Water Commission needs to take on the responsibility of irrigation governance?

Do you think the Central Water Commission needs to take on the responsibility of irrigation governance?

Debating the idea of privacy

Is right to privacy a fundamental right? The Supreme Court on Wednesday heard arguments on the contentious issue linked to the Aadhaar debate. Here`s how the issue has been addressed by different countries, with the first reference dating to 1890.   The Supreme Court on Tuesday s





Video

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter