The Supreme Court on Wednesday notified two PILs who are seeking uniform divorce and alimony in all religions.
A bank led by Chief Justice SA Bobde said the court was cautious about announcing this.
The chief judge informed the petitioner’s lawyer that the court could grant a hearing on the plea. The problem, however, is why the Hindu and Muslim communities should be equated in this way. The Chief Justice said, “How are you going to decide whether to adopt what is in Hinduism, Islam or Christianity?”
The lawyer replied that if religious rights violate fundamental rights, those rights cannot be respected
At the end of the hearing, the Chief Justice said, “We are issuing a notice with great caution.”
During the hearing, the Chief Justice stated how the court could eliminate discriminatory practices without interfering with personal laws.
The PILs were filed by attorney Ashwini Upadhyay.
The bank also asked if Article 14 was an injunction against the state. And based on Articles 14 and 15, the bank added, should there be more grounds for divorce?
Senior lawyer Meenaskshi Arora, who represented the petitioner, claimed that the state must guarantee certain rights and dignity under the constitution and that if a religious right abuses the right, the state must intervene. Hindu law has been codified but not Muslim law, she added.
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