Uniform Civil Code debate reignited, SC agrees to hear plea with 'caution'

First Published Dec 16, 2020, 1:24 PM IST

Agreeing to hear a petition asking for a uniform code for all cases of divorce, alimony and maintenance irrespective of religion, CJI Bobde observed, "Problem then is which practice will you adopt across the board? How will you decide whether to adopt Hindu, Christian or Islam."

<p>Supreme Court has agreed to hear a petition asking for a uniform code for all cases of divorce, alimony and maintenance irrespective of religion.&nbsp;<br />
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<p>The Apex court issued a notice the Union Home ministry and the Law ministry, seeking their response.<br />
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<p>Observing that entertaining the petition seeking uniform ground for divorce, maintenance and alimony would amount to nullifying personal laws in this regard, Chief Justice of India SA Bobde told the petitioners: "You want personal laws to be abolished. You are not saying it but that is what will have to be effectively done. How can we encroach upon personal laws."</p>

Supreme Court has agreed to hear a petition asking for a uniform code for all cases of divorce, alimony and maintenance irrespective of religion. 
 

The Apex court issued a notice the Union Home ministry and the Law ministry, seeking their response.
 

Observing that entertaining the petition seeking uniform ground for divorce, maintenance and alimony would amount to nullifying personal laws in this regard, Chief Justice of India SA Bobde told the petitioners: "You want personal laws to be abolished. You are not saying it but that is what will have to be effectively done. How can we encroach upon personal laws."

<p>The petitioners cited the Shayara Bano judgment of the Supreme Court which struck down upon the practice of instant Triple Talaq.<br />
&nbsp;</p>

<p>To this CJI Bobde said, "Problem then is which practice will you adopt across the board? How will you decide whether to adopt Hindu, Christian or Islam."<br />
&nbsp;</p>

<p>The counsel representing the petitioner, Ashwini Kumar Upadhyay replied that if religious rights infringed upon the fundamental rights then such rights cannot be considered.<br />
&nbsp;</p>

<p>Concluding the hearing, Chief Justice said, "We are issuing notice with great caution".</p>

The petitioners cited the Shayara Bano judgment of the Supreme Court which struck down upon the practice of instant Triple Talaq.
 

To this CJI Bobde said, "Problem then is which practice will you adopt across the board? How will you decide whether to adopt Hindu, Christian or Islam."
 

The counsel representing the petitioner, Ashwini Kumar Upadhyay replied that if religious rights infringed upon the fundamental rights then such rights cannot be considered.
 

Concluding the hearing, Chief Justice said, "We are issuing notice with great caution".