Why Delhi High Court is within its rights to intervene on the issue of Uniform Civil Code
2 years, 11 months ago

Why Delhi High Court is within its rights to intervene on the issue of Uniform Civil Code

Firstpost  

If there is a violation of a fundamental right, the writ jurisdiction of the High Courts and the Supreme Court can be invoked to address that violation and remedy it The Central government has replied to the notice issued by the Delhi High Court that a decision on the Uniform Civil Code will be taken after the Law Commission reports on the same, when the court was hearing a petition asking for the enactment of the UCC. Thus, it is argued that the fact one has a fundamental right to practise their religion includes within itself the right to marry as per their own religious personal law and the right to inherit property as per the dictates of one’s religion. Therefore, this means that the right to practise religion is subject to all other fundamental rights and is relegated to the bottom-most priority within the scheme of fundamental rights as enshrined under our Constitution. Consequently, if there is a violation of a fundamental right, in this case, which is Article 15, the writ jurisdiction of the High Courts and the Supreme Court can be invoked to address that violation and remedy it.

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History of this topic

Policing Not Meant To Serve Interests Of Any Specific Religious Community: High Court On 'Pardanashin' Muslim Woman's Plea Against Delhi Police
9 months, 3 weeks ago

Policing Not Meant To Serve Interests Of Any Specific Religious Community: High Court On 'Pardanashin' Muslim Woman's Plea Against Delhi Police

Live Law  

The Delhi High Court has observed that policing is not tailored to serve the interests of any specific religious or any cultural community alone and has to be guided by the principles of impartiality, fairness, and reasonability.“While respecting cultural sensitivities and religious practices, law enforcement agencies must prioritise the common good and uphold the law without. “While respecting cultural sensitivities …

Person Converting Religion For Marriage Must Be Informed Of Legal Consequences Like Inheritance, Maintenance: Delhi HC Issues Directions
11 months ago

Person Converting Religion For Marriage Must Be Informed Of Legal Consequences Like Inheritance, Maintenance: Delhi HC Issues Directions

Live Law  

The Delhi High Court on Friday observed that an individual undergoing religious conversion for the purpose of marriage must be fully informed of the legal consequences associated with it and issued a slew of directions to be followed in conversion cases. The court said that the foremost requirement in the process of religious conversion for the purpose of marriage revolves …

Uniform Civil Code: Clash of moral universalism and cultural pluralism
1 year, 4 months ago

Uniform Civil Code: Clash of moral universalism and cultural pluralism

The Hindu  

Published : Jul 27, 2023 11:00 IST - 11 MINS READ India, a mix of multiple cultural traditions, has been a salad-bowl-like society where each culture combines with others while maintaining its contrasting yet distinct identity. This is because the Constitution itself contemplated both the existence and the continuance of personal laws in Article 44, which provides for an endeavour …

A common civil code spelling equality for every Indian
1 year, 5 months ago

A common civil code spelling equality for every Indian

The Hindu  

The 22nd Law Commission has called for responses to a proposal for a Uniform Civil Code in India. The antiquity of India’s customs and the diversity of its peoples are both brought up to make a case for tip-toeing around the existing personal laws despite their unequal rights for men and women. The demand that sections of the population, whether …

News18 UCC Survey: Why I, a Muslim Woman, Am All For Uniform Civil Code - News18
1 year, 5 months ago

News18 UCC Survey: Why I, a Muslim Woman, Am All For Uniform Civil Code - News18

News 18  

The Uniform Civil Code is an embodiment of Article 44 of the Indian Constitution which seeks the implementation of a uniform set of laws, governing the personal affairs of citizens, pertaining to the institution of marriage and the ancillary rights arising out of the same such as inheritance, alimony, guardianship and adoption, amongst others with the sole object of national …

AIMPLB rejects Law Commission’s proposal to seek views on UCC
1 year, 5 months ago

AIMPLB rejects Law Commission’s proposal to seek views on UCC

The Hindu  

The All India Muslim Personal Law Board on July 5 “registered its objections” to the Law Commission’s decision to seek “views and ideas on Uniform Civil Code”. “Muslims in India will not be agreeable to lose their identity,” the Board reiterated, adding, “Majoritarian morality must not supersede personal laws, religious freedom and minority rights in the name of a code …

Push for Uniform Civil Code turns spotlight on Supreme Court’s query on religious freedom
1 year, 5 months ago

Push for Uniform Civil Code turns spotlight on Supreme Court’s query on religious freedom

The Hindu  

The renewed push for a Uniform Civil Code, which many communities perceive as an encroachment into their personal laws and religious rights, is underway even as a nine-judge Bench of the Supreme Court is yet to decide the “ambit and scope” of religious freedom itself. “In the absence of any consensus on a uniform civil code, the Commission felt that …

Code red: The Hindu Editorial on the 22nd Law Commission and a uniform civil code
1 year, 6 months ago

Code red: The Hindu Editorial on the 22nd Law Commission and a uniform civil code

The Hindu  

The Law Commission’s decision to solicit views from the public on the idea of a uniform civil code appears to be a political initiative aimed at bringing the potentially divisive issue under focus in the run-up to next year’s general election. The 21st Commission had released a consultation paper in 2018 that categorically said a uniform civil code was “neither …

Centre Should Seriously Consider Having Uniform Marriage Code in India, Says Kerala HC
2 years ago

Centre Should Seriously Consider Having Uniform Marriage Code in India, Says Kerala HC

News 18  

The Kerala High Court on Friday said that the union government should consider having a uniform marriage code in India in order to promote the common welfare and good of spouses in matrimonial disputes. The couple approached the family court within five months of the marriage with a joint petition for divorce under Section 10A of the Divorce Act. The …

Delhi HC to hear pleas seeking recognition of same-sex marriages on April 24
2 years ago

Delhi HC to hear pleas seeking recognition of same-sex marriages on April 24

The Hindu  

The Delhi High Court on Tuesday deferred the hearing on a batch of petitions to recognise same-sex marriage under various laws for April 24 next year. The High Court is seized of several petitions by same-sex couples seeking a declaration recognising their marriages under the Special Marriage Act, the Hindu Marriage Act, and the Foreign Marriage Act. Earlier, the Centre …

Why new, aspirational India urgently needs Uniform Civil Code
2 years, 4 months ago

Why new, aspirational India urgently needs Uniform Civil Code

Firstpost  

The Uniform Civil Code has been strongly recommended to ensure national integration amidst a diverse and pluralistic polity, as its advantages far outweigh disadvantages. The UCC will confer fairer rights to women, as most religious personal laws are parochial and patriarchal in nature when it comes to equal rights in marriage, property ownership or inheritance. The best way forward is …

Why Uniform Civil Code should be implemented and it would be in the spirit of Indian Constitution
2 years, 7 months ago

Why Uniform Civil Code should be implemented and it would be in the spirit of Indian Constitution

Firstpost  

If a policy objective, such as the UCC, is mentioned in the Constitution itself, it is nearly impossible to argue that its enactment will be unconstitutional The debate for a Uniform Civil Code is again a part of the popular discourse in India. In the current debate, it is argued that the enactment of a UCC, even though it may …

Why it is right time to discuss and work towards a Uniform Civil Code, shorn of religious rhetoric
2 years, 7 months ago

Why it is right time to discuss and work towards a Uniform Civil Code, shorn of religious rhetoric

Firstpost  

Debate on the Uniform Civil Code is as old as the Indian Constitution. Do many people wonder what could have stopped Pandit Jawaharlal Nehru from pushing through Uniform Civil Code when he had massive support from within and outside the party in the 1950s? This was the reason why UCC became a part of Directive Principles, stating: “The State shall …

'Uniform Civil Code Is Public Policy Matter, No Direction Can Be Issued To Parliament': Centre To Delhi High Court
2 years, 11 months ago

'Uniform Civil Code Is Public Policy Matter, No Direction Can Be Issued To Parliament': Centre To Delhi High Court

Live Law  

The Central Government has informed the Delhi High Court that implementation of the Uniform Civil Code, a directive principle under the Constitution, is a matter of public policy and that no direction in this regard can be issued by the Court.The submission has come in the counter affidavit filed by the Centre in the PIL filed by BJP leader Ashwini …

"UCC Is Long Due; Can't Be Made Voluntary": Allahabad HC Calls Upon Central Govt To Implement The Mandate Of Article 44
3 years, 1 month ago

"UCC Is Long Due; Can't Be Made Voluntary": Allahabad HC Calls Upon Central Govt To Implement The Mandate Of Article 44

Live Law  

Dealing with a batch of petitions, pertaining to an interfaith marriage contracted by the petitioners and seeking protection from the Court, the Allahabad High Court today called upon the Central Government to implement the mandate of Article 44 of the Constitution of India. Referring to the 21st Report of the Law Commission of India, the Court noted that just one …

Delhi HC bats for Uniform Civil Code: What is UCC, and why the court said it's time for a common law
3 years, 5 months ago

Delhi HC bats for Uniform Civil Code: What is UCC, and why the court said it's time for a common law

Firstpost  

The Uniform Civil Code essentially calls for the formulation of one law for India, applicable to all religious communities in matters related to marriage, divorce, inheritance, adoption, etc The Delhi High Court on Friday backed the formation of a Uniform Civil Code in India and asked the Centre to take the necessary steps in this matter. The Uniform Civil Code …

Delhi HC Backs Uniform Civil Code, Asks Centre to Take Necessary Steps for its Implementation
3 years, 5 months ago

Delhi HC Backs Uniform Civil Code, Asks Centre to Take Necessary Steps for its Implementation

News 18  

The Delhi high court on Friday backed the need for a Uniform Civil Code in the country, observing that “there is the need for a Code that is ‘common to all’ in the country”, and asked the central government to take the necessary steps in this matter. Responding to a plea involving the applicability of the Hindu Marriage Act, 1955, …

Delhi HC backs Uniform Civil Code, asks Centre to take necessary steps
3 years, 5 months ago

Delhi HC backs Uniform Civil Code, asks Centre to take necessary steps

Hindustan Times  

The Delhi high court has backed the need for a Uniform Civil Code in India and asked the Centre to take the necessary steps in this matter, informed those familiar with the development on Friday. The court noted that the modern Indian society is gradually becoming "homogeneous", dissipating 'traditional barriers' of religion, community, and caste, and in view of these …

"Indian Society Becoming Homogenous, Traditional Barriers Of Religion Slowly Dissipating": Delhi High Court Bats For Uniform Civil Code
3 years, 5 months ago

"Indian Society Becoming Homogenous, Traditional Barriers Of Religion Slowly Dissipating": Delhi High Court Bats For Uniform Civil Code

Live Law  

Observing that the hope expressed under Article 44 of the Constitution should not remain a 'mere hope', the Delhi High Court on Wednesday expressed the need for having a Uniform Civil Code after noting that the Indian society is gradually becoming homogenous while the traditional barriers are slowly disappearing. Justice Pratibha M Singh observed, "In modern Indian society which is …

Plea In Supreme Court Seeks Transfer Of Plea For Uniform Civil Code From Delhi High Court To SC
3 years, 8 months ago

Plea In Supreme Court Seeks Transfer Of Plea For Uniform Civil Code From Delhi High Court To SC

Live Law  

A plea has been filed before Supreme Court seeking transfer of plea pending before the Delhi High Court for direction to the Centre to constitute a Judicial Commission or High Level Expert Committee to prepare a draft of Uniform Civil Code, to the Apex Court.The plea by BJP Leader and Advocate Ashwini Kumar Upadhyay has urged that the plea be …

Has the Supreme Court set the ball rolling for a Uniform Civil Code?
3 years, 9 months ago

Has the Supreme Court set the ball rolling for a Uniform Civil Code?

Hindustan Times  

It has been more than four decades since the Supreme Court set a legal milestone in the battle for protection of rights of Muslim women and dwelt on the need to implement a Uniform Civil Code in the matter famously known as Shah Bano case. Article 44 of the Constitution, which is one of the Directive Principles of State Policy, …

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