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‘Different personal laws hamper national unity’: Centre files its first affidavit on Uniform Civil Code in SC

In its first affidavit filed in the Supreme Court, the central government argued in favour of the Uniform Civil Code, adding that different personal laws hampered the country's national unity.

On Tuesday, the Central Government submitted its first affidavit to the Supreme Court regarding the Uniform Civil Code (UCC) and put forth many arguments in its support. In its affidavit, In its affidavit, the government contended that varied laws inhibit national unity and the UCC divests personal law.

The affidavit was filed in response to several petitions seeking uniformity in personal laws. According to the reports, six PILs were filed before the Supreme Court, four by advocate Ashwini Upadhyay, one petition by Lubna Qureshi, and another petition filed by Doris Martin to seek the enactment of the law. The PILs sought direction from the central government to frame religion and gender-neutral uniform laws for divorce, adoption, guardianship, succession, inheritance, maintenance, marriage age, and alimony.

Earlier, the Supreme Court had urged the Centre to clarify its position on the possibility of introducing a Uniform Civil Code (UCC) throughout the country. It also requested a detailed answer from the Centre on several petitions concerning the Uniform Civil Code. The petitioners stated that the UCC has always been seen as a spectacle of religious appeasement.

The Union Law Ministry on October 18 stated that it cannot direct the Parliament to enact any law. “A writ of Mandamus cannot be issued to the legislature to enact particular legislation. This is a matter of policy for the elected representatives of the people to decide and no direction in this regard can be issued by the Court. It is for the legislature to enact or not to enact a piece of legislation”, the Ministry was quoted.

The Ministry also said that the goal of Article 44 is to enhance the object of the ‘Secular Democratic Republic’ as stated in the Preamble of the Constitution. Reports mention that Article 44 of the Indian Constitution is a regulatory principle that requires the state to secure a uniform civil code for all people.

The Ministry further added that the clause is intended to foster the integration of India by bringing communities together on a single common platform on issues that are now regulated by diverse personal laws. Therefore, considering the relevance and sensitivity of the subject, an in-depth study of diverse personal laws is necessary. The matter will now be placed before the 22nd law panel.

What is the Uniform Civil Code

The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, and adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

The UCC attempts to safeguard vulnerable groups, including women and religious minorities while simultaneously boosting nationalistic fervour via unity. When passed, the code will attempt to streamline laws that are now divided based on religious views, such as the Shariat law and others. The code will make the complicated laws concerning marriage ceremonies, inheritance, succession, and adoptions one for everyone. The same civil law will then apply to all people, regardless of faith.

Ayodhra Ram Mandir special coverage by OpIndia

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OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

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