Plea Filed In Delhi HC For Uniform Civil Code, Court Issues Notice To Centre, Law Commission [Read Petition]

The Delhi High Court on May 31, 2019, issued notice to Centre and the Law Commission of India on a petition seeking a direction to the government to constitute a Judicial Commission or a High Level Expert Committee to draft a Uniform Civil Code in spirit of Article 44 read with Articles 14, 15 and 21 of the Constitution of India.

A Division Bench comprising of Chief Justice Rajendra Menon and Justice Brijesh Sethi issued notice on a plea filed by advocate Ashwini Kumar Upadhyay.

The petitioner has sought a direction to the Union of India to constitute a Judicial Commission or a High Level Expert Committee, to draft a Uniform Civil Code within three months, while considering the best practices of all religions and sects, Civil Laws of developed countries and international conventions; and publish it on the website for at least 60 days for extensive public debate and feedback.

In the alternate, the petitioner sought a direction to Law Commission of India to draft a Uniform Civil Code in a spirit of Article 44 of the Constitution within three months.

The petitioner submits that while the Constitution guarantees freedom of conscience and of religion, it seeks to divest religion from personal law and social relations and from laws governing inheritance, succession and marriage, just as it has been done even in the Muslim Countries like Turkey and Egypt etc. The object of Article 44 is not to encroach upon religious liberties guaranteed under Article 25.

Further, it is also submitted by the petitioner that the right of equality guaranteed under Article 14, right against non-discrimination guaranteed under Article 15 and right to life and liberty guaranteed under Article 21 can't be secured and Gender Justice and Gender Equality cannot be achieved without implementing the Uniform Civil Code in spirit of Article 44 read with Articles 14, 15, 21.

The matter will be next heard on July 8, 2019.

[Read Petition]