Policy on UCC to be determined by MLAs, not courts: Govt to Delhi High Court

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Seeking to dismiss a petition praying for drafting a Uniform Civil Code, the Center has informed the Delhi High Court that it’s a matter of coverage for the elected representatives of the individuals and no course has been issued by the court docket on this regard. can’t be achieved.

The matter is at present pending with the Law Commission of India, the federal government informed the court docket.

“Given the significance and sensitivity of the subject material, which requires an in-depth research of the provisions of varied private legal guidelines governing completely different communities, the Center has requested the Law Commission of India to look at varied points referring to the Uniform Civil Code. and to advocate it,” the Law and Justice Ministry mentioned in response to a PIL filed by BJP chief Ashwini Kumar Upadhyay in 2019.

The Union Government mentioned that the twenty first Law Commission, after receiving a number of representations from varied stakeholders, carried out detailed analysis on the matter and uploaded a session paper titled ‘Reform of Family Law’ on its web site on August 31, 2018 for wider dialogue. did.

“As and when the report of the Law Commission in this matter is received, the government will examine it in consultation with various stakeholders involved in the matter,” the federal government mentioned.

Stating that Article 44 creates an obligation on the state to attempt to safe a uniform civil code for the residents, the Center mentioned that the supply is supposed to have an effect on the mixing of India by bringing completely different communities to a typical platform on issues which can be involved. that are at present ruled by miscellaneous particular person. Law.

“This article relies on the idea that in issues of inheritance, property rights, upkeep and succession, there shall be a typical regulation. Article 44 separates faith from social relations and private regulation. Citizens of various non secular and denominations shall have completely different property and Follow matrimonial legal guidelines which is an insult to the unity of the nation,” reads the reply.

In the petition, Upadhyay has argued that “diversity in individual matters along with religious discrimination” results in “emotional tension between different communities” and that Article 44 goals to introduce a Uniform Civil Code for all “that is fraternal”. It is important to advertise, unity and nationwide integration”.

The matter is listed for listening to on January 13.

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With inputs from TheIndianEXPRESS

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