Demand for implementation of Uniform Civil Code, Delhi HC advised petitioners to approach Law Commission

The Delhi High Court has directed all petitioners seeking the implementation of the Uniform Civil Code to contact the Law Commission. Following this, seven petitioners—among them Ashwani Upadhyay—withdrew their case from the Delhi High Court.

In May 2019, the High Court sought a response from the Center on Upadhyay’s plea seeking the formation of a judicial commission to draft a UCC to promote national unity, gender justice equality and dignity of women.

High Court refused to give any instructions

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Acting Chief Justice Manmohan and Justice Mini Pushkarna’s bench declared that it could not order the legislature to enact legislation in this particular area. “We cannot direct the legislature to make a law,” the bench declared. The petitions were denied by the Supreme Court after it had already heard the matter. The court declared that the Supreme Court’s ruling on this matter is unambiguous and that the High Court will not deviate from it.

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Concerning private matters such as property, marriage, inheritance, adoption, and so forth, all religious and tribal communities will be subject to one set of laws nationwide thanks to the Uniform Civil Code.

This means that existing personal laws based on religion such as the Hindu Marriage Act (1955), Hindu Succession Act (1956) and Muslim Personal Law Application Act (1937) will technically stand dissolved.