By filing an application in the Supreme Court, in the Uniform Civil Code case, the High Court has been requested to transfer the pending case to the Supreme Court. In the petition filed in the Supreme Court, the petitioner has said that cases related to this can come up in other High Courts as well. In this case, the pending case in the High Court should be transferred to the Supreme Court. The Central Government has been made a respondent by filing an application on behalf of BJP leader and Advocate Ashwani Upadhyay in the Supreme Court and it has been asked to transfer the pending case in the Delhi High Court to the Supreme Court.
Delhi High Court gave instructions
Delhi High Court on 31 May 2019 had asked the Central Government and the Law Commission to file a reply on a petition directing the preparation of the draft for the Uniform (Common) Civil Code. The Delhi High Court had issued a notice to the Central Government on the petition and filed a reply in which the petitioner has asked that the Central Government be asked to prepare a draft in accordance with the spirit of Article 44 of the Constitution (Uniform Civil Code of Conduct). . The petition urges that the Uniform Civil Code of Conduct be implemented.Demand for transfer to Supreme Court
The court has issued a notice to the Law Commission besides the Central Government and asked them to file their reply. Right now the Central Government has to clear its stand in the High Court and the matter is pending there. Meanwhile, the petitioner has filed an application in the Supreme Court asking that the matter be transferred to the Supreme Court. The petition said that gender equality and justice cannot be found until Article 44 is implemented.
Many problems due to non-implementation of uniform civil code
The petitioner has stated that there are many problems with the Uniform Civil Code not being implemented. Muslim personal law is allowed to perform polygamy i.e. four nikahs but in other religions the rule of ‘one husband – one wife’ is very strictly enforced. Hindu Christian Parsis are the second marriage offense even if there is a reasonable reason like infertility or impotence and Section 494 of the Indian Penal Code provides for a sentence of 7 years. Even the minimum age of marriage is not same for everyone.
There should be same rules for everyone
The age of adulthood of Muslim girls is not fixed and the girl is considered eligible for marriage at the beginning of her period. Girls are married at the age of 11-12 years, while in other religions, the minimum marriage age of girls is 18 years and that of boys is 21 years. The minimum age of marriage is not religious or religious in any way, but is a matter of civil right and human right, so it should be completely gender neutral and religion neutral.
Oral will and donation are valid in Muslim law – petitioner
Despite the fact that three divorces have been declared illegal, Divorce-e-Hasan and Divorce-e-Ahsan are still valid and they are also not obligated to state the basis of divorce and only have to wait for 3 months but in other religions only through the court Divorce can be done. In Muslim law, oral wills and donations are accepted, but in other religions only registered wills and donations are valid.
Different rules in different religions
In Muslim law, the system of ‘succession’ is highly complex, there is excessive discrimination between sons and daughters in parental property, in other religions also the rights of wife in post-matrimonial property are undefined and the laws of inheritance are very complex. (Basis of divorce) Is not the same for everyone. A Muslim can divorce his Bibi on the basis of adultery but Bibi cannot divorce her husband. In Hindu Parsi and Christianity, fornication is not the ground of divorce. Divorce can occur in Hindu and Christianity on the basis of incurable disease like leprosy but not in Zoroastrian and Muslim religion. The rule of adoption also differs for Hindu Muslim Zoroastrian Christians. Muslim cannot adopt and in other religions, adoption system with male prominence is applicable.
Everyone should have equal rights
The petitioner stated that there are several benefits from the implementation of the Uniform Civil Code. The country and society will get freedom from hundreds of complex laws. In the present times, different British laws applicable to different religions create inferiority in everyone’s mind, so by applying an ‘Indian Civil Code’ to all citizens, everyone will get rid of inferiority complex. A general rule of divorce through the court will apply to everyone. In paternal property, son-daughter and son-daughter-in-law will get equal rights and the discrepancy between property and caste-based discord will end. In the event of separation, husband and wife will have equal rights in the property acquired after marriage. A comprehensive and integrated law will be found at the national level. Having different laws for different religions entails unnecessary litigation.
Set up expert committee of high level- Petition
The petition filed in the Supreme Court said that the pending case should be transferred to the Supreme Court in the Delhi High Court. In the light of Article 14,15,21, the Uniform Civil Code should be drafted as per the spirit of Article 44. The Central Government should be asked to form a Judicial Commission or a High Level Expert Committee to prepare a draft regarding the Uniform Civil Code. For this, three months’ time should be given. These should be in accordance with the sentiments of Draft Article-44 (Uniform Civil Code of Conduct). The constitution talks about equality in Article-14 while Article-15 states that there will be no discrimination on the basis of caste, religion and gender etc. Article-21 talks about life and freedom.