SC grants Centre ‘Last opportunity’ to clarify stand on enforcement of Uniform Civil Code

UCC Law Insider

Shivani Gadhavi

Published On: January 08, 2022 at 13:33 IST

The Supreme Court of India on January 7, 2022 asked the Central Government of India to file a response in regards with the enforcement of the Uniform Civil Code (UCC) and give a clear explanation regarding the Government’s view about the Uniform Civil Code.

Previously the Supreme Court of India issued a Notice on Public Interest Litigation (PIL) in order to sought response of the Center, pertaining to other Petitions that were filed in the Top Court by two different Petitioners in regards with the enforcement of the uniform Divorce Laws and Uniform Laws in granting of Maintenance and alimony to women.

In both the Petitions, the Petitioners sought a response from the Government of India regarding its stand on enforcement of the Uniform Civil Code.

The Petitioners in the petition cited example of the 2019 case Jose Paulo Coutinho, while pressing on the need for Uniform laws to set grounds in relation with the Maintenance and alimony for Indian citizens, citing need for Gender neutral Laws.

The Petition stated, “Hindu, Buddhist, Sikh and Jain communities are governed by the Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act, 1956. Muslims are dealt as per status of valid marriage and pre-nuptial agreement and governed under Muslim Women Act, 1986.”

The Petitioners also pointed out the governance of Christians and Parsis while stating “Christians are governed under Indian Divorce Act, 1869 and Parsis under Parsi Marriage and Divorce Act, 1936. But none of these laws are gender neutral and provide for different grounds for divorce as well as different alimony.”

Also read: What is Uniform Civil Code Bill, 2020?

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