Delhi HC to Hear Plea Seeking Uniform Civil Code Tomorrow

New Delhi: The Delhi High Court will on Monday hear a plea seeking formulation of a Uniform Civil Code (UCC). The court had issued notice to the Home Ministry and Law Commission on May 31 but neither has filed a response as of now.

A Division Bench of then Chief Justice Rajendra Menon and Justice Brijesh Sethi had listed the matter for hearing on July 8. A public interest litigation (PIL) was filed by Bharatiya Janata Party (BJP) leader and advocate Ashwini Kumar Upadhyay.

In his plea, Upadhyay sought direction to the government to set up a judicial commission or a high level expert committee to draft within three months the UCC in the spirit of Article 44 of the Constitution, while considering the best practices of all religions and sects, civil laws of developed countries and international conventions.

He also sought direction to publish the draft on a government website for at least 60 days to allow for extensive public debate and feedback.

The PIL sought direction to the Law Commission to draft the UCC and direction to the government to secure gender justice, gender equality and dignity of women.

In his plea, Upadhyay said: "The objective of Article 44 is to introduce a common civil code, which is essential to promote fraternity, unity and national integration. It proceeds on the assumption that there is no connection between religion and personal laws in a civilised society."

He asserted that the Constitution guaranteed freedom of conscience and of religion while divesting religion from personal laws and social relations and from laws governing inheritance, succession and marriage just as it has been done even in Muslim countries like Turkey and Egypt.

"The object of Article 44 is not to encroach upon religious liberties guaranteed under Article 25," the plea said.

Upadhyay added that the several enactments, which had been made by Parliament since independence on marriage, succession, adoption and guardianship, related only to Hindus (including Buddhists, Jains and Sikhs) in the name of the Hindu Code.

He argued that these enactments excluded Muslims, who were the major slice of the minority communities and who most vociferously objected to a common civil code.