Uniform Civil Code Petitions Dismissed by Delhi High Court, Awaiting Legislative Decision

Uniform Civil Code Petitions Dismissed by Delhi High Court, Awaiting Legislative Decision

VoM News Desk | December 1, 2023 | 06:02 PM IST | Courts & Law | Follow on Google News

Uniform Civil Code Petitions Dismissed by Delhi High Court, Awaiting Legislative Decision

Uniform Civil Code Petitions Dismissed by Delhi High Court, Awaiting Legislative Decision

In a recent development, the Delhi High Court declined to entertain petitions calling for the implementation of the Uniform Civil Code (UCC). The court’s decision aligns with the Supreme Court’s earlier stance, emphasizing that such legislative issues fall under the purview of the Parliament.

Supreme Court’s Stance and Legislative Process

The concept of UCC, aimed at unifying personal laws for all citizens regardless of religion, is rooted in Article 44 of the Indian Constitution. However, since independence, personal matters like marriage, divorce, and inheritance have been governed by religion-specific civil codes. The Supreme Court, in March, dismissed pleas for the UCC, underlining that directing the legislature to enact a specific law falls outside the judiciary’s mandate. This decision was mirrored by the Delhi High Court’s refusal to entertain similar petitions.

Law Commission’s Role and Ongoing Discussions

The 22nd Law Commission of India, under the leadership of former Karnataka High Court Chief Justice Ritu Raj Awasthi, is currently reconsidering the UCC. Despite previous reports suggesting that UCC was neither necessary nor desirable at the time, the Commission has opened the floor for public and religious organizations’ suggestions on the matter. This development follows initiatives by BJP-led state governments like Uttarakhand to explore the feasibility of implementing UCC.

High Court’s Directive and Government’s Position

The Delhi High Court bench, led by Acting Chief Justice Manmohan and Justice Mini Pushkarna, cited the Supreme Court’s directive and encouraged petitioners to contribute to the Law Commission’s ongoing process. The Court underscored the Commission’s effective handling of the matter and advised against judicial interruption. The Central Government, in its affidavit, reiterated that UCC is a policy matter, best left to the elected representatives’ judgment, and is subject to extensive stakeholder consultation post the Law Commission’s report.

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