BJP’s Shazia Ilmi relocates SC, seeks unified code for alimony and alimony

New Delhi: BJP leader Shazia Ilmi on Friday moved the Supreme Court with a request for direction for the center to formulate a standardized unified common code (UCC) for granting alimony and alimony to avoid obstacles imposed by various religions personal laws are caused.

A panel of Justices Sanjiv Khanna and JK Maheshwari marked the petition with a pending plea for a “gender and religion neutral” mechanism for granting alimony and alimony to all citizens, in line with the spirit of the constitution and international conventions.

Ilmi has requested the issuance of appropriate guidelines to rationalize the existing limitations, conditions and discrepancies in the law of persons (codified and uncodified) for the granting of fair and reasonable claims for maintenance and support, without excluding vulnerable claimants.

The pleading, filed by attorney Sneha Kalita, also called for an order for the Legal Commission to investigate the “inconsistencies” in existing personal rights and submit a report on the formation of a unified alimony and alimony law.

Ilmi said in her petition that since there are many groups of personal rights (both codified and uncodified) in Hindu, Muslim, Christian and Parsi communities, the reasons for upholding them are also different.

She claimed that aggrieved vulnerable groups were often deprived of their right to legitimate and fair maintenance due to “inconsistencies” in people’s rights that resulted in violations of human rights and the provisions of Articles 14, 15 and 21 of the Constitution and the International Constitution will conventions that India has signed.

Articles 14, 15 and 21 concern equality before the law; Prohibition of discrimination based on religion, race, caste, sex and place of birth; and the right to protection of life and personal liberty.

On September 5, the Supreme Court asked the Center for a comprehensive response within three weeks to a series of petitions ordering the government to introduce religious and gender-neutral uniform laws on divorce, adoption, guardianship, succession, inheritance, alimony, marriage age and alimony.

Advocate Ashwini Upadhyay has submitted five separate petitions seeking guidance to the center on these issues.

Whether such an instruction can be issued in the form of a Mandamus letter to the legislature for the drafting of laws, the Supreme Court had said, was a question of principle.

Upadhyay filed the PIL in August 2020, seeking “uniform grounds for divorce” for all citizens in line with the spirit of the constitution and international conventions.

He had requested another PIL to achieve “gender and religion neutral” uniform subsistence and subsistence bases for all citizens in accordance with the spirit of the Constitution and international conventions.

In another PIL, he sought to eliminate anomalies related to adoption and guardianship and sought to make them uniform for all citizens.

He also filed a petition to eliminate anomalies in inheritance and inheritance law and unify it for all citizens.

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