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

Import duty on major edible oils cut

The government has reduced the Basic Customs Duty (BCD) on major imported crude edible oils with a view to moderating domestic edible oil prices, providing relief to consumers and mitigating inflationary pressures arising from the sharp increase in international edible oil prices.  

From pyramid to platform: BRICS agenda for Global South

In his opening address at the 18th BRICS Summit in New Delhi on September 12, prime minister Narendra Modi did something India`s diplomacy has been building towards for three years: he moved the ‘Voice of the Global South’ from a slogan to a work plan. Addressing the leaders, he argued that t

How to realise the full transformative potential of PM-JAY

The Pradhan Mantri Jan Arogya Yojana (PM-JAY), a welfare scheme which covers approximately 45 crore beneficiaries across India, provides cashless health cover of Rs. 5 lakh per family per year. It is the largest health insurance scheme which helped crores of poor families by reducing out-of-pocket expend

The missing men in India`s family planning story

Every pregnancy requires two people. Yet India`s family planning programme continues to ask only one of them to bear almost all of its medical consequences. The newly released National Family Health Survey-6 (2023-24) confirms just how entrenched this asymmetry remains: 36.5% of currently married women a

`Development must be judged beyond GDP, with rights and justice at core`

Delivering the IXth Chief Justice M.C. Chagla Memorial Lecture on ‘Human Rights and Sustainable Development Goals’, in Mumbai Friday,  former Chief Justice of India Bhushan R. Gavai questioned whether conventional economic indicators such as gross domestic product (GDP), national income,

RTI exposes Rs 16,909 crore cost blowout on Mumbai-Goa Highway

Seventeen years after the centre first approved the widening of National Highway 66 between Mumbai and Goa into a four-lane highway, a fresh RTI reply has revealed a sharp escalation in the project`s sanctioned cost.   According to the RTI reply obtained by activist Jeetendra

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter