Policy on UCC is for legislators to resolve, not courtroom: govt to Delhi High Court

Seeking dismissal of a petition which prays for drafting of Uniform Civil Code, the Centre has instructed Delhi High Court that it’s a matter of coverage for elected representatives of the individuals to resolve, and no route on this regard might be issued by the courtroom.

The matter is presently pending with the Law Commission of India, the federal government instructed the courtroom.

“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 Centre requested the Law Commission of India to undertake examination of various issues relating to Uniform Civil Code and to make recommendation thereof,” the Ministry of Law and Justice stated in response to a PIL filed by BJP chief Ashwini Kumar Upadhyay in 2019.

The 21st Law Commission, after receiving a number of representations from numerous stakeholders, undertook detailed analysis on the matter and had uploaded a session paper titled ‘Reform of Family Law’ on its web site on August 31, 2018, for wider discussions, the Union authorities stated.

“As and when the report of Law Commission in the matter is received, the government would examine the same in consultation with various stakeholders involved in the matter,” the federal government stated.

Stating that Article 44 creates an obligation upon the State to endeavor to safe for residents a uniform civil code, the Centre stated the availability is offered to impact integration of India by bringing numerous communities on the widespread platform on issues which are presently ruled by various private legal guidelines.

“This Article is based on the concept that in matters of inheritance, right to property, maintenance and succession, there will be a common law. Article 44 divests religion from social relations and personal law. Citizens belonging to different religious and denominations follow different property and matrimonial laws which is an affront to the nation’s unity,” reads the reply.

In the petition, Upadhyay has argued that “diversity in personal matters along with religious differentiation” results in “sentimental tension between different communities” and that the thing of Article 44 is to introduce a standard civil code for all “which is essential to promote fraternity, unity and national integration”.

The case is listed for listening to on January 13.

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