Uniform Civil Code draft must be published soon to end all confusion, says petitioner after Centre's affidavit

A day after the Central government's reply in Delhi High Court over the Uniform Civil Code, one of the petitioners Ashwini Kumar Upadhyay said that the government should soon publish a UCC draft to end all the confusion as it is a matter of civil liberty, human rights, gender justice and gender equality.

"Draft of it must be published soon to end all confusion. Presently neither its proponents nor its opponents know much about the Uniform Civil Code," said Upadhyay.

"It has nothing to do with religion or personal laws. It's a matter of civil liberty, human rights, gender justice and gender equality," he said.

"Uniform Civil Code means Uniform Age of Marriage, Uniform Grounds of Divorce, Uniform Maintenance and Alimony, Uniform Adoption and Guardianship and Uniform Succession and Inheritance," he added

The Central Government has recently through an affidavit told the Delhi Court that it is for the legislature to enact or not to enact a piece of legislation adding this is a matter of policy for the elected representatives of the people to decide and no direction in this regard can be issued by the Court.

In Delhi High Court, the Centre government through the Ministry of Law and Justice has filed an affidavit and opposed the Public Interest Litigation (PIL), seeking drafting of a uniform civil code (UCC) to secure gender justice, equality and dignity of women.

In view of the importance of the subject matter and sensitivity involved which requires in-depth study of the provisions of various personal laws governing different communities, the Central Govemment requested the Law Commission of India to undertake examination of various issues relating to uniform civil code and to make recommendation thereof, stated Centre response in Delhi HC.

Centre's reply further states that the reliefs prayed by the petitioner in the instant writ petition are not sustainable either in law or on facts and hence are liable to be dismissed in limine as not maintainable.

Centre's affidavit further stated that in the petition, it is submitted that only a person acting bonafide of having sufficient interest in proceedings of public interest litigation will alone have locus and may approach courts for the poor and needy suffering from violation of their statutory rights. In the present petition, nothing to suggest that the affected person has taken up any cause and approached the court. Hence, the present petition is not maintainable.

The affidavit also states that the petitioner Ashwini Kumar Upadhyay has cited the Shah Bano Case in which the Supreme Court has made an observation in favour of framing the Uniform Civil Code. The said case is not applicable to the present case on the ground that the court cannot direct the executive to enact a particular piece of legislation, it said.

The Delhi HC is examining several similar petitions, in which the court had sought the Centre's response in which the pending date is January 13, 2022.

The petitions sought direction for the Law Commission to draft the UCC within three months by including uniform minimum age of marriage; grounds of divorce, maintenance and alimony; adoption and guardianship; and succession and inheritance within three months and publish it on the website for wider public deliberation.

The petitions said that the country-wide application of UCC will end multiple personal laws promoting tolerance among various groups across the nation.

The first petition was filed by BJP leader and lawyer Ashwini Kumar Upadhyay in 2018 year seeking the framing of a UCC to promote national integration and gender justice, equality and dignity of women.

Besides the five pleas, the court had earlier issued a notice to Upadhyay and the Centre on an application by the All India Muslim Personal Law Board (AIMPLB) seeking to be impleaded as a party in the petition.

The petitions have claimed that a UCC would replace the personal laws, based on the scriptures and customs of various religious communities, with a common set of rules governing every citizen of the country.

( With inputs from ANI )

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