HVK Archives: Centre tells the supreme court it is unable to enact uniform civil code
Centre tells the supreme court it is unable to enact uniform civil code - The Times of India
Rakesh Bhatnagar
()
04 September 1996
Title : Centre tells the supreme court it is unable to
enact uniform civil code
Author : Rakesh Bhatnagar
Publication : The Times of India
Date : September 04, 1996
The Union government on Tuesday expressed its helpless-
ness in enacting a uniform civil code (UCC) . It told the
supreme court that such legislation would be against the
government's policy not to interfere with the personal
laws of minority communities.
In deference to the court's directive on May 10 last year
asking the Union government to disclose that ever steps
it had taken for securing a UCC, law ministry additional
secretary Raghbir Singh in a six-page affidavit said:
"Unless the initiative for change comes from those commu-
nities, the government, on its own, cannot interfere with
it."
Since the controversial judgment was delivered by a bench
of Justice Kuldip Singh and Justice R. M. Sahai, the
government has received as many as 1,19,980 representa-
tions including 1,16,539 post cards, 3010 telegrams sent
by individuals besides 439 joint representations by
various groups opposed to a uniform civil code.
It also claimed to have received a representation against
the UCC by one Wavoo Sidique and some other residents of
Hong Kong. All these representations annexed with the
affidavit indicate that they were against the judgment.
the government is silent on whether any individual or a
group demanded implementation of Justice Kuldip Singh's
judgment.
According to the affidavit, many representations reiter-
ate the view that "matters relating to marriage, divorce,
succession or the like are essentially religious matters"
which are covered by Article 25 of the Constitution
(right to practice religion of one's choice).
While dealing with the case of three Hindu husbands who
married again on embracing Islam while their first mar-
riage was subsisting, Mr Justice Singh had passed the
direction and also ordered criminal trial of these hus-
bands under section 494 of the Indian Penal Code
(bigamy).
This verdict has been welcomed and criticised by a cross-
seciton of people and different organisations. On supreme
court bar association president R. K. Jain's challenge,
the court has already stayed prosecution of an apostate
Hindu husband. It has also decided to look into the
matter.
The affidavit refers to the speeches made by Dr B. R.
Ambedkar in the constituent assembly on saving personal
laws. "There is no obligation upon the State to do away
with personal laws", the affidavit says.
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