From Our Bureau
NEW DELHI: The Centre on Tuesday wriggled out of enacting a uniform civil code, telling the Supreme Court that it cannot direct Parliament to frame such a law.
On behalf of the Centre, the Union Law Ministry also made a prayer to the supreme court to dismiss the PILs pertaining to a uniform civil code in the country as “non-maintainable.”
It said writ of Mandmus cannot be issued to the legislature to enact a particular legislation in its response to a PIL by Delhi BJP lawyer Ashwini Upadhyay, seeking uniformity in the personal laws regulating marriage, divorce, maintenance and alimony.
The ministry affirmed that the court cannot issue any direction in the matter since it concerns policy which can be dealt only by the elected representatives. It is for the legislature to enact or not to enact a piece of law.
Six PILs have been placed before the Supreme Court–four by Ashwini Upadhyay, one petition filed by Lubna Qureshi and another by Doris Martin, seeking the enactment of UCC.
On the petitioner’s assertion that Article 44 of the Indian Constitution is a directive principle which requires the State to endeavor to secure Uniform Civil Code for all the citizens, the law minisry said that Article is to strengthen the object of “secular democratic republic” as enshrined in th preamble of the Constitution.
It said an in-depth study of various personal laws is required in view of the importance and sensitivity of the provision to bring all communities on the common platform in all types of matters presently governments by diverse personal laws.
Pointing out that a detailed examination was done by the 21st Law Commission by inviting representations from several stakeholders, the ministry said the matter would also be placed before the 22nd Law Commission as it is formed and when its report is received, it would be examined with the help of various stakeholders.
The petitioners have said that UCC has always been seen as a spectacle of religious appeasement, and while the Supreme Court or High Court cannot ask the Government to implement Article 44 of the Constitution but can direct the Centre to constitute a committee to prepare a draft of Uniform Civil Code.
A similar plea is also pending before the Delhi High Court.
The Centre had filed an affidavit before the High Court stating that it is a matter of public policy and that no order in this regard can be issued by the Court.
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