Uniform Civil Code: Delhi High Court seeks Centre’s stand on PIL

A uniform civil code would replace personal laws, based on the scriptures and customs of various religious communities, with a common set of rules governing every citizen.

The Delhi High Court on Friday sought to know the Centre’s stand on a PIL seeking directions to frame a uniform civil code in the spirit of Article 44 of the Constitution.

A uniform civil code would replace personal laws, based on the scriptures and customs of various religious communities, with a common set of rules governing every citizen.

A bench of Chief Justice Rajendra Menon and Justice Brijesh Sethi also issued notices to the Law Commission of India and the Ministry of Home Affairs on the plea, which also seeks a direction to the government to constitute a Judicial Commission or a High-Level Expert Committee, to draft the code within three months.

The petition said that the object of Article 44 is to introduce a common civil code for all. “It proceeds on the assumption that there is no connection between religion and personal laws in a civilized society. While the Constitution guarantees freedom of conscience and of religion, it seeks to divest religion from personal law and social relations and from laws governing inheritance, succession and marriage…” it added.

The PIL claimed that the Right to Equality guaranteed under Article 14, the Right against Discrimination guaranteed under Article 15, and the Right to Life and Liberty guaranteed under Article 21 cannot be secured without implementing such a code.

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