|  |  | 

India Top Headlines

Supreme Court Seeks Government Response on Drafting Uniform Adoption Laws | India News

img-responsive

NEW DELHI: After considering a PIL that sought uniform legal provisions for the granting of divorce, maintenance and alimony, on Friday the Supreme Court requested the Center’s response on a PIL that sought the enactment of uniform adoption and guardianship laws, raising thus the question of the elaboration of a Uniform Civil Code (UCC) under its scrutiny.
A bench of the Chief Justice SA Bobde and judges AS Bopanna and V Ramasubramanian sought answers from the Union ministries of home, rights and development of women and children on the PIL seeking uniform adoption laws presented by the defender and petitioner Ashwini Upadhyay, who was also the petitioner for a uniform law on divorce and maintenance. The bank labeled the two petitions for a joint hearing on the issues, which form the core of UCC.
On December 16, the same court had cautiously entertained two PILs seeking uniform divorce laws and uniformity in the granting of alimony and alimony to women. The CJI-led bank had expressed fear that the PILs could upset the sensibilities of religious communities, which for decades have resisted a uniform personal law for the country.
He had asked the lawyer, “Do you want all personal laws repealed? How else can your prayers be granted? You are asking the court to go in a direction that will involve the invasion or demolition of personal laws. Can we eliminate discriminatory practices against women in various religious communities without invading their personal laws? “However, the petitioner pointed out that the CS had done so by declaring the instant divorce in the Muslim community through triple talaq unconstitutional.
Upadhyay had hired top advocates Pinky Anand and Meenakshi Arora for the PIL on uniform divorce, child support and alimony. On Friday, top advocates Anjana Prakash and Geeta Luthra discussed their PIL on uniform adoption and guardianship laws.
The petitioner maintained that over the years, the CV had pressured the Center to move toward enacting a UCC, but to no avail. In the case of Shah Bano Begum, the CS had said in 1985: “A common civil code will help the cause of national integration by eliminating different allegiances to the law that have conflicting ideologies.”
Ten years later, in the Sarla Mudgal case, the CV had said: “Where more than 80% of citizens have already been subjected to the codified personal law, there is no justification whatsoever to keep it on hold, since the introduction of uniforms civil code for all citizens of India “.
The higher court, once again in 2003 in the John Vallamattom case, stressed the desirability of achieving the objective set by article 44 of the Constitution.
Again, on September 13, 2019, the SC in the case of José Paulo Coutinho reiterated the need for a uniform civil code citing the example of Goa, but the Center did not take any action to provide even uniform grounds for maintenance and alimony for all Indian citizens. Upadhyay said in his previous PIL.
A bank of the Chief Justice SA Bobde and judges AS Bopanna and V Ramasubramanian sought answers from the Union ministries of home, rights and development of women and children in the PIL seeking uniform adoption laws presented by the defender and petitioner Ashwini Upadhyay.

Original source

supreme-court-seeks-government-response-on-drafting-uniform-adoption-laws-india-news

ABOUT THE AUTHOR