Communication from the SC to the middle about petitions looking for uniform grounds for divorce, alimony and information from India
The Supreme Court on Wednesday informed the center of separate petitions seeking uniform grounds for divorce and alimony for citizens across the country.
Two separate PILs submitted by BJP leader Ashwini Kumar Upadhyay stated that women should be treated equally in all religions and that if some religious practices deny them their basic rights, such practices should not be protected.
The bank of CJI SA Bobde and the judges AS Bopanna and V Ramasubramanian said: “We give notice with caution.”
The bank said, “They’re making us go in a direction that encroaches on personal laws and destroys what personal laws seek to achieve. “
Senior attorney Pinky Anand argued the petition for uniform grounds for divorce, while senior attorney Meenakshi Arora argued the other petition for uniform livelihood. Both petitions were submitted by Upadhyay.
In the petition for divorce it says: “The reasons for divorce are neither gender-neutral nor religiously neutral. For example, adultery is a ground for divorce for Hindus, Christians, and Parsis, but not for Muslims. Incurable leprosy is a reason for divorce for Hindus and Christians, but not for Parsis and Muslims. Impotence is a reason for divorce for Hindus-Muslims, but not for Christian-Parsis. Underage marriage is a reason for divorce for Hindus, but not for Christians, Parsis and Muslims. “
The bank asked, “Can we eliminate these discriminatory grounds without making personal laws?”
The attorneys cited Shayara Bano’s ruling that the SC found Triple Talaq unconstitutional.
The lawyers also cited rulings by the Supreme Court recommending Parliament to review the Single Civil Code. The court said Triple Talaq has no sanctity under Muslim personality laws. However, the bank sought a response from the center to both petitions.