During the platinum jubilee celebrations of the Rajasthan High Court in Jodhpur, Prime Minister Narendra Modi recently reiterated the judiciary’s longstanding support for a “secular civil code.”
NEW DELHI: The Supreme Court was informed today(24th Oct) that the government is considering a draft of the Uniform Civil Code (UCC).
During the platinum jubilee celebrations of the Rajasthan High Court in Jodhpur, Prime Minister Narendra Modi recently reiterated the judiciary’s longstanding support for a “secular civil code.”
His remarks echoed his earlier statements during the Independence Day address on August 15, in which he characterized the UCC as a replacement for what he termed the current “communal civil code,” which he claimed discriminates based on religion.
BRIEF FACTS
In its affidavit submitted through the law ministry, the government emphasized the importance of Article 44 of the Constitution, which, as a directive principle of state policy, mandates that the state shall strive to secure a Uniform Civil Code (UCC) for all citizens in India.
As clarified in Article 37, directive principles are not legally enforceable but are intended to guide state policy.
The government explained that Article 44 aims to reinforce the goal of establishing a “Secular Democratic Republic,” as stated in the Preamble of the Constitution.
The affidavit noted,
“This provision is designed to promote national integration by uniting communities on a common platform regarding issues currently governed by various personal laws.”
It further stated that this provision is rooted in the idea that there should be a uniform law for inheritance, property rights, maintenance, and succession. The government asserted that Article 44 separates religion from social relations and personal law, highlighting that citizens belonging to different religions and denominations adhere to distinct property and matrimonial laws, which undermines the unity of the nation.
The UCC aims to provide a common legal framework for regulating matters such as marriage, divorce, inheritance, succession, and adoption across different communities.
As the court addressed a case involving a Muslim individual seeking to be governed by the Succession Act, ASG Aishwarya Bhati stated, “The government is looking into the UCC; we don’t know if it will be implemented or not. Parliament will make the final decision.”
In response, the bench, consisting of CJI DY Chandrachud, Justice Pardiwala, and Justice Manoj Misra, directed ASG Bhati to submit a counter, as they had already issued a notice on the matter.
Earlier this year, the Supreme Court of India issued a notice in a plea that sought a declaration allowing a born but non-believing Muslim to request a declaration from the ‘prescribed authority’ under the Muslim Personal Law (Shariat) Application Act, 1937, stating they no longer wish to be governed by Sharia law.
The petition, filed by Safiya PM, also seeks a declaration that a non-believing Muslim would be governed by the provisions of the Indian Succession Act, 1925, regarding intestate and testamentary succession for her lineal descendants.
Safiya, who has challenged the inheritance laws, told the CJI-led bench during the last hearing,
“There is no provision if we do not want to be governed by Sharia law. My father is a non-believer, and he does not wish to follow it.”
The bench responded,
“We cannot issue declarations on personal laws like this. You can challenge Sharia law, and we will address it. How can we order that a non-believer be governed by the Indian Succession Act? This cannot be done under Article 32.”
Safiya is seeking a declaration that she should not be governed by Muslim Personal Law regarding any matters listed in sections 2 or 3 of the Muslim Personal Law (Shariat) Application Act, 1937. However, she noted that there is no provision in the Act or its Rules that allows her to obtain such a certificate, creating a clear gap in the statute that could potentially be addressed through judicial interpretation.
Case Title: Safiya PM vs. Union of India
