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Different laws an affront to nation’s unity: Centre pitches Uniform Civil Code to Supreme Court
- Nehal Rana
- Oct 19, 2022
- 3 min read
Underlining that the Constitution obligates the State to possess a regular Civil Code (UCC) for its voters, which folks happiness to totally different|completely different} religions associated denominations following different property and marital laws is an “affront to the nation’s unity”, the Centre has told the Supreme Court that the matter can currently be placed before the twenty second Law Commission.
The Centre aforesaid this in its response to petitions filed within the apex court seeking uniformity in laws governing matters of divorce, succession and inheritance and adoption and guardianship for all, regardless of gender and faith.
The government, however, said that no direction can be issued to the Legislature to enact a particular legislation.
The government The government aforesaid that “Part IV of the Constitution of Republic of India is expounded to Directive Principles of State Policy associated creates an obligation upon the State to endeavour to secure for voters a consistent Civil Code throughout the country underneath its Article 44”.
In its response, filed on Oct thirteen, the Centre got wind that the expression Uniform Civil Code “denotes the sphere of non-public law with reference to wedding, divorce, maintenance, custody and guardianship of kids. inheritance and succession and adoption”. It submitted that the aim behind Article forty four is to strengthen the thing of “Secular Democratic Republic, as enshrined within the Preamble of the Constitution”.
The government declared in its response: “This provision is provided to result integration of Republic of India by conveyance communities on the common platform on matters that area unit at the present ruled by numerous personal laws. this text [44] is predicated on the construct that in matters of inheritance, right to property, maintenance and succession, there'll be a standard law. Article forty four divests faith from social relations and private law.”
It said, “Citizens happiness to completely different|completely different} religions and denominations follow different property and marital laws, that is Associate in Nursing affront to the nation’s unity.”
The Centre same that “in read of the importance of the topic matter and sensitivity concerned, which needs in-depth study of the provisions of assorted personal laws governing totally different communities”, it had requested the Law Commission of Bharat to “undertake examination of assorted problems regarding Uniform Civil Code and to form recommendations thence.”
Following this, the twenty first Law Commission examined varied aspects of the matter, accepted illustration from varied stakeholders, and once elaborated analysis thereon, uploaded a consultation paper titled ‘Reform of family law’ on its web site on August thirty one, 2018 “for wider deliberation/discussions”.
However, the the twenty first Commission’s term over on August thirty one, 2018 and also the twenty second Commission was ingrained, the government’s response noted. It discerned that the “subject matter are going to be placed before the twenty second Law Commission for its thought once chairman and members of the Commission square measure appointed”. It additionally same that after the Commission submits its report, the govt would examine it “in consultation” with varied stakeholders concerned within the matter.
The government, however, same that no direction will be issued to the assembly to enact a specific legislation. “This may be a matter of policy for the non appointive representatives of the folks to decide…. it's for the assembly to enact or to not enact a legislation,” the reply instrument same and wanted dismissal of petitions filed by advocate Ashwini Kumar Upadhyay.
Written By Nehal Rana..........................
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