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

Yoga Day has changed perceptions about it in ten years: PM

The expanding awareness of Yoga over the past ten years has changed perceptions associated with it, prime minister Narendra Modi said in Srinagar on Friday on the occasion of the International Day of Yoga.   “Yoga is now emerging beyond limited boundaries. The world is witnessing t

Listening to tomorrow: The imperative for youth-driven data in India

Over a decade and a half ago when I was still a student, millennials felt the burning need to break down the barriers of gatekeeping in traditional media. Young voices, brimming with ideas and opinions, were often sidelined, their perspectives deemed too marginal or unrefined for mainstream discourse. This

Israel-Palestine War: Lessons from Past Peace Efforts

Israel-Palestine War: Give Peace a Chance By Dr. Joseph K. Thomas IndiePress, 243 pages, Rs 399 T

How inner work helps subvert painful narratives

Unashamed By Neha Bhat HarperCollins, 240 pages, Rs 499   * How do I connect better with my partner? *&nbs

Heatwave spikes power demand: measures taken to ensure supply

The Northern Region has been experiencing high power demand conditions due to a prevailing heat wave since May 17. Despite these challenging conditions, the highest ever peak demand of 89 GW in the Northern Region was successfully met on June 17. This achievement was made possible by import

PM to release 17th installment of PM-KISAN at Varanasi on Tuesday

Prime minister Narendra Modi will release the 17th instalment of the PM-KISAN scheme on Tuesday at Varanasi and more than 9.26 crore farmers will receive the benefits amounting to over Rs.20,000 crore. The PM will also distribute the certificates to more than 30,000 SHGs trained as Krishi Sakhis to work as

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter