"It raises a point": Supreme Court admits plea seeking enactment of "monogamy law" for non-muslims
_12.jpg "It raises a point: Supreme Court admits plea seeking enactment of monogamy law for non-muslims")
Synopsis: It is the petitioner's case that because the Constitution does not burden the State with any corresponding duty in relation to the rights of minorities as enshrined in the Fundamental Rights under the Constitution, the State lacks Constitutional mandate to undertake any action in relation to minority communities
Supreme Court on Thursday admitted a plea seeking enactment of a law for all religious communities of the country for monogamy except for those governed by Islamic personal laws.
Further, a restriction on number of children for each couple in the country in tune with the National Population Policy has been sought. In the alternative, a law itself utilizing the powers under Article 142 (1) of the Constitution of India, in this regard has been sought.
A bench of Justices SK Kaul and AS Oka stated that the plea filed through Viniyog Parivar Trust raised a point and should be admitted. The Trust has also sought declaration of National Minority Commission Act, 1992 and the National Minority Commission 1992 as unconstitutional and repealing of the enactment to dissolve the Commission.
Supreme Court has been informed that the definition of Minority as given by Section 2 (c) of the National Minorities Commission Act, 1992 leaves the power to declare any community as Minority community to the Central Government and in the absence of any clear cut guidelines or criteria it is left to the discretion of the Central Government to declare any community as Minority Community. “This is arbitrary and hence unconstitutional,” the plea submits. The state must strive for a Uniform Civil Code, is the petitioners' case broadly.
It is further the case of the petitioner Trust that in the absence of universal and mandatory application of the National Population Policy on all sections of the Society, the population of Muslims is rapidly rising which poses a serious threat to the demographic balance of this country and is very hazardous for the overall interest of all sections of people.
Over a period of time the minorities have been turned into vote banks for political parties and hence the State is not likely to take action in overall national interest and intervention of the Supreme Court is necessary to correct the situation, the petition states.
Supreme Court on Thursday admitted a plea seeking enactment of a law for all religious communities of the country for monogamy except for those governed by Islamic personal laws.
Further, a restriction on number of children for each couple in the country in tune with the National Population Policy has been sought. In the alternative, a law itself utilizing the powers under Article 142 (1) of the Constitution of India, in this regard has been sought.
A bench of Justices SK Kaul and AS Oka stated that the plea filed through Viniyog Parivar Trust raised a point and should be admitted. The Trust has also sought declaration of National Minority Commission Act, 1992 and the National Minority Commission 1992 as unconstitutional and repealing of the enactment to dissolve the Commission.
Supreme Court has been informed that the definition of Minority as given by Section 2 (c) of the National Minorities Commission Act, 1992 leaves the power to declare any community as Minority community to the Central Government and in the absence of any clear cut guidelines or criteria it is left to the discretion of the Central Government to declare any community as Minority Community. “This is arbitrary and hence unconstitutional,” the plea submits. The state must strive for a Uniform Civil Code, is the petitioners' case broadly.
It is further the case of the petitioner Trust that in the absence of universal and mandatory application of the National Population Policy on all sections of the Society, the population of Muslims is rapidly rising which poses a serious threat to the demographic balance of this country and is very hazardous for the overall interest of all sections of people.
Over a period of time the minorities have been turned into vote banks for political parties and hence the State is not likely to take action in overall national interest and intervention of the Supreme Court is necessary to correct the situation, the petition states.
Case Title: Viniyog Parivar Trust vs. Union of India