SC Issues Notice On PILs For Uniform Civil Law Regarding Divorce And Maintenance

THE SUPREME COURT RECENTLY REMANDED IN TWO PILS SEEKING UNFORM CIVIL LAW FOR MATTERS RELATING TO DIVORCE AND MAINTENANCE, ASKING HOW COULD IT (SUPREME COURT) ENCHROACH ON IT (PERSONAL LAWS).

THE PRESENT CASE

• In the present case, a three-judge's Bench headed by CJI Bobde was hearing two PILs seeking uniformity in Personal Laws relating to Divorce, Maintenance and Alimony

• The Petitioner contended that different personal laws based on varying religious practices is in violation of Articles 14, 15 and 44

• It sought framing of uniform laws in matters relating to Divorce, Maintenance and Alimony so that no citizen is discriminated based on religious practices

• Petitioner relied upon the Shayara Bano case (Triple Talaq Case) and the famous Sarla Mudgal Case.

SUPREME COURT'S STANCE

• The Bench disagreed with the Petitioner, and asked if they were asking the Court to abolish Personal Laws

• It rejected the Shayara Bano case clarifying that Triple Talaq was found to be a non-existent old practice on which the Center too had made law abolishing it

• Though the Court ultimately issued a Notice to the Respondents, it remarked that it is doing it with ‘caution'

• The parties made Respondent in the Petition is Union of India through Ministry of Home Affairs, Ministry of Law and Justice, and Ministry of Women and Child Development

DO YOU THINK VARIED PERSONAL LAWS BASED ON RELIGIOUS PRACTICES ARE DISCRIMINATORY? LET US KNOW IN THE COMMENTS SECTION BELOW!

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Comments

4 years ago Chandra Mohan S

I think the idea of uniform civil code is good. While all the other laws are being followed why not this. But regarding marriage and divorce, it becomes personal, therefore it may be wise to leave it alone as it is affair between two consenting adults.But when it comes to court , Indian laws apply. This should be made clear to the public. The Govt can better say that ' Alcohol is injurious to health' and 'Tobacco causes cancer's. Social diseases like this needs good education.

4 years ago sarojgiri

varied personal laws based on the religious practices are discriminatory in nature . marriages should be done according to personal religious practices but so far as the divorce ,maintenance and alimony is considered, it should be same to all irrespective of religion.

4 years ago C B INAMDAR

If I am correct in looking at the things from birds_eye_view; court is meant for legal matters and NOT for religious matters.

4 years ago Adv.Aiyer VLV

Absolutely discriminatory court interferes with religious practice is sabarimala or worli mosque, citing uniform equality in fact, HR&CE is so unconstitutional and still a law only to manage(read swindle) temple resources that didn't give court to implement equality as if it is Govt work in bank work, court finds not govt public duty but commerce. so, equality, uniformity all have deformity All must follow same law for property because religion purpose itself isn't material Hindus face discrimination as only their temple properties were taken by Inam abolition Let there be REAL EQUALITY