Tribune News Service
New Delhi, December 16
The Supreme Court on Wednesday agreed to examine “with great caution” whether there can be uniform grounds for divorce and uniform maintenance and alimony for all citizens, regardless of the religion they follow.
A bank under the direction of the Chief Justice of India, SA Bobde, announced to the center two separate PILs filed by BJP leader Ashwini Kumar Upadhyay – one seeking uniform grounds for divorce and the other seeking uniform alimony for all citizens across India – after senior lawyers Pinky Anand and Meenakshi Arora argued that the Supreme Court must intervene.
“How can we eliminate discriminatory practices without interfering with personal laws? Are you asking us to abolish personal laws? “Asked the CJI right at the beginning.
“In Shayara Bano (Triple Talaq case) you did it. Under Article 142, you said that the instructions given would continue until the law was introduced. You have intervened in the past, Lordships, ”Anand said.
When the CJI said the prayer of asking the Legal Commission to look into it may be considered, Arora said, “We have had no one to head the Legal Commission for two years. We want similar relief. If we look at certain provisions of Muslim law, maintenance can only continue for the time of Biddat. Women have nothing left. “
“When religious customs violate the fundamental right to equality and non-discrimination, the court must intervene to protect women’s rights,” she submitted.
The bank said, “We are issuing a notice with great caution.” The issue is likely to spark a new debate on a unified civil code, a promise made by the BJP poll.
Upadhyay’s first PIL sought an order for the government to take appropriate action to eliminate divorce anomalies and make them uniform for all citizens regardless of religion, race, occupation, gender, or place of birth.
He called on the Supreme Court to state that the discriminatory grounds for divorce violate citizens’ rights to equality, non-discrimination and the right to human dignity, and to establish guidelines for “uniform grounds for divorce” for all citizens.