Plea in Supreme Court seeks transfer of PIL from Delhi High Court praying for Uniform Civil Code to secure gender equality and dignity of women

Read Time: 03 minutes

A petition has been filed in the Supreme Court seeking transfer of the plea pending in the Delhi High Court seeking direction to the Central Government to constitute a judicial commission to prepare a draft Uniform Civil Code.

The petition has been moved by Firoz Bakht Ahmed, Chancellor, Maulana Azad Urdu University stating that the Public Interest Litigation before the Delhi High Court has been filed, "to weed-out anomalies in minimum age of marriage, grounds of divorce, maintenance-alimony, adoption-guardianship, succession-inheritance and the differences based on patriarchal stereotype have no scientific backing, perpetrate de jure and de facto inequalities against women, and go against the global trends."

The plea has stated that "the Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption."

It further mentions that "Dr. BR Ambedkar, while formulating the Constitution had said that a UCC is desirable but for the moment it should remain voluntary, and thus the Article 35 of the draft Constitution was added as a part of the Directive Principles of the State Policy in part IV of the Constitution of India as Article 44."

The plea has sought direction to the Central Government to draft the Uniform Civil Code within 3 months and publish it on its website for larger public discussion, debate, and feedback.

Case Title: Firoz Bakht Ahmed Vs. Union of Idia & Ors.