NEW DELHI: The Delhi High Court on Friday refused to entertain a group of pleas seeking directions for the Centre to enact a Uniform Civil Code (UCC), citing the Supreme Court observation, in which it was clarified that such issues are meant for the Parliament to decide.
A division bench headed by Acting Chief Justice Manmohan and comprising Justice Mini Pushkarna said the Law Commission was considering this issue afresh and the court did not want to interfere into it.
Also, the bench said that the petitioners are at liberty to approach the Law Commission with their suggestions.
''The Supreme Court order is clear and categorical. We will not go beyond the Supreme Court order. They (the Law Commission) don't need us. They are an authority constituted by the Constitution to do it. They will do it," the bench remarked.
The plea, which was moved by BJP leader and Adv Ashwini Kumar Upadhyay among others withdrew their pleas after the court's observation.
In May 2019, the high court sought the Centre's response to Upadhyay's petition seeking the constitution of a judicial commission to draft the UCC to promote national integration, gender justice and equality, and the dignity of women.
Responding to this, the Centre had said citizens from different religions and denominations following different property and matrimonial laws is an affront to the nation's unity and the Uniform Civil Code will result in the integration of India.
The Uniform Civil Code is a common set of laws for personal matters including marriage, divorce, inheritance, and succession for all citizens in the country.
Besides Upadhyay's plea, there were four other petitions as well which have contended that India "urgently needs a Uniform Civil Code".
It was also claimed by the petitioners that the UCC, with a common set of rules governing every citizen of the country, will replace the personal laws, which are based on the scriptures and customs of various religious communities.
They argued that gender justice and gender equality, guaranteed under Articles 14-15 of the Constitution and dignity of women, guaranteed under Article 21 of the Constitution, cannot be secured without implementing Article 44 (the State shall endeavour to secure for citizens a UCC throughout the territory of India).
