38.6c New Delhi, India, Friday, March 29, 2024
News Updates

How Ashwini Upadhyay sets Wheels of Uniform Civil Code in Motion

By LawStreet News Network      31 March, 2021 08:21 PM      0 Comments
Ashwini Upadhyay Uniform Civil Code

It has been four decades since the Supreme Court recommended a Uniform Civil Code for the country while dealing with a controversial Muslim maintenance lawsuit famously known as the Shah Bano case. The debate on the Uniform Civil Code which keeps surfacing on and off has reignited again in an unprecedented manner after the Supreme Court issued notice to Centre on Upadhyay's PIL seeking Gender and Religion Neutral Uniform Grounds of Succession and Inheritance.

The issue has always been dear to BJP and the Sangh Parivar and very few know that it is Ashwini Upadhyay, a BJP Leader and a Supreme Court lawyer who put the wheel of Uniform Civil Code in motion.

It was Upadhyay's Public Interest Litigation in the Supreme Court in December 2015 which triggered several significant observations on the issue from a bench headed by the then Chief Justice of India, TS Thakur which the government had apparently latched on to. 

Though the PIL was withdrawn, CJI Thakur told Upadhyay: 

"How can a mandamus be issued on such an issue? Constitutional goal is one thing, and possibility of them being fulfilled is yet another. These are the things in the realm of the Parliament and the Supreme Court’s hands are tied with respect to this particular issue. You must approach the government. It is up to the lawmakers to discuss and take a decision", the CJI said. 

Upadhyay, encouraged by the SC’s observations, did not waste any time and wrote a letter to the then Union Law Minister Sadananda Gowda, urging him to consult the Law Commission on the issue.

Presently, there are several people before the Supreme Court and the debate over the Uniform Civil Code has kindled again at the most appropriate time. The process begins by the Supreme Court examining practices like Triple Talaq, Polygamy, Halala, Mutah, Misyar and Genital Mutiliation which are permitted by Islamic personal laws and if they have resulted in gender discrimination within the community. 

Several "affected" Muslim women are coming forward and filing petitions in the Supreme Court challenging the validity of such practices which draw their strength from Muslim personal laws.

On October 13, 2015, the Supreme Court said that the country was in a state of “complete chaos” due to various personal laws governing religious practices and asked the Modi government to clarify their stand on the implementation of the Uniform Civil Code. 

The bench had posed the query while hearing a PIL challenging the legal provision that forces Christian couples to wait for at least two years before getting a divorce whereas other religion based acts like the Hindu Marriage Act, the Parsi Marriage and the Special Marriage Act, and Divorce Act prescribed only six months to one year. 

Now the Supreme Court has issued notice to the Centre on Upadhyay's five petitions viz. PIL seeking Gender Neutral Religion Neutral Uniform Grounds of Divorce,  PIL seeking Gender Neutral Religion Neutral Uniform Grounds of Maintenance and Alimony,  PIL seeking Gender Neutral Religion Neutral Uniform Grounds of Adoption and Guardianship,  petition seeking Gender Neutral Religion Neutral and Uniform Minimum Age of Marriage and PIL seeking Gender Neutral Religion Neutral Uniform Grounds of Succession and Inheritance.

 The Supreme Court has clubbed these five petitions and will hear them together.  These five petitions collectively constitute a Uniform Civil Code and the Centre has to clarify its stand very soon.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email