Uniform civil code debate gets fresh life as court seeks govt response on Christian divorce law provisions
GN Bureau | May 12, 2015
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.'
Today, Nirmala Sitharaman, India’s first woman full-time defence minister, may appear a picture of poise and confidence. But 11 years ago, she wasn’t even sure if she should join the Bharatiya Janata Party (BJP), which has allowed her political career – and, of course, her abilities &ndas
On his first visit to Varanasi after the Uttar Pradesh polls, PM Modi announced and laid foundation stones of various projects on Friday and Saturday. Addressing a public meeting in Varanasi on Saturday, PM Modi took took a jibe at the opposition saying that the BJP’s programmes are no
Union minister for civil aviation, P Ashok Gajapathi Raju unveiled a new campus of the Indian Aviation Academy (IAA) spread over 5.33 acres. Civil aviation, secretary, R N Choubey said India is poised to attain its coveted place on global aviation arena as one among top three largest aviatio
Attributing enhanced focus on project execution as the reason behind Bharat Heavy Electricals Limited’s (BHEL) growth, the enterprise’s CMD Atul Sobti said BHEL achieved a capacity addition of 45,274 MW during the 12th five year plan period (2012-17) and surpassed the target of 41,661 MW by 9 p
Bhadiya from Bhanpur Kheda village does not know her age. She has five children – the eldest one is 12-year-old while the youngest is an infant. Considering she got married in her teens – like most women in her village – Bhadiya must be in her 30s. After giving birth to five children she
Steel authority of India (SAIL) chairman PK Singh expressed confidence on improving the performance of the Maharatna PSU in the current fiscal because of a host of initiatives in almost every area of operations. During 45th annual general meeting of the company, Singh said the world steel as