Supreme Court pitches for Uniform Civil Code,religion must be kept away from law

[P.J.]

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Supreme Court pitches for Uniform Civil Code, Says religion must be kept away from law

7 July 2015

The Supreme Court on Monday while giving the landmark judgement that unwed mothers can become the only legal guardian of a child made a critical observation that religion must be kept at bay from law in a secular country like India. The apex court favoured implementation of Uniform Civil Code as enshrined in the Constitution.


"India is a secular nation and it is a cardinal necessity that religion be distanced from law. Therefore, the task before us is to interpret the law of the land, not in light of the tenets of the parties' religion but in keeping with legislative intent and prevailing case law," Justice Vikramajit Sen said.


The unwed mother in question belongs to Christian religion but the bench refused to consider tenets of the religion while passing their judgment. The Court said that unwed mothers belonging to Christian religion are at disadvantage compared to their Hindu counterpart, who are the natural guardian of their child by virtue of giving birth only, without giving any notice to the father. The court said that constitution has the provision of Uniform Civil Code, but it is yet to be implemented.


Earlier also in 1995, Sarla Mudgal case and in 2003, John Vallamattom case, SC has expressed hope that the uniform Civil Code may be implemented soon.

http://www.dnaindia.com/india/repor...s-religion-must-be-kept-away-from-law-2102420

 

[prasad1]

I fully agree with this opinion.

 

[Vaagmi]

Judges may come and go and judgments will be written again and again. But minorityism will stay. Politicians need it for the survival.

 

[sarang]

First the words secularism and socialism must be removed from the constitution as these were included during emergency when the constitution was inoperative and procedure to amend was not followed.

 

[Brahmanyan]

Supreme Court pitches for Uniform Civil Code,religion mus

The Supreme Court's observations are on the lines of its previous pronouncements. It made repeated observations in Shahbano case in 1985, Sarala Mudgal case in 1995 and another case in 2003 saying that a Common Civil Code would forge national integration and remove dissimilarities.

If we go through the Debates in the Constituent Assembly in respect of the Directive Principles we will understand that detailed discussions had taken place before adopting the following directive principle under Part IV Article 44:

"The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."

During the debates Dr. B.R.Ambedkar expressed "I personally do not understand why religion should be given this vast, expansive jurisdiction, so as to cover the whole of life and to prevent the legislature from encroaching upon that field. After all, what are we having this liberty for? We are having this liberty in order to reform our social system, which is so full of inequities, discriminations and other things, which conflict with our fundamental rights."
It is time that the Parliament takes this issue seriously and pass Uniform Civil Code.

Brahmanyan,
Bangalore.

 

[sarang]

Has anybody or any party drafted the laws for uniform civil code. Till details are spelled out, and thrashed out, UCC is not possible.