Cannot Escape Petition On Inheritance By Muslim Women Just Because LCI Is Examining UCC: Delhi HC [Read Order]

The Delhi High Court, last week, refused to exempt the Centre from filing a counter-affidavit on a Petition challenging the laws of succession so far as entitlement to inheritance of Muslim women is concerned.

The Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar noted that the Centre had sought an adjournment submitting that the issue of framing of the Uniform Civil Code (UCC) has been referred to the Law Commission of India (LCI).

The Court, however, opined that "this certainly cannot be a ground for not filing a counter affidavit to the petition". It then directed that the counter-affidavit be filed within six weeks, listing the matter on 9 April, 2018.

The LCI took up the examination of the viability of a UCC on the Centre's request to look into the issue “in detail and submit a report”

Thereafter, in October, the LCI had sought public opinion on the exercise of revision and reform of family laws, in view of Article 44 of the Constitution of India which envisions a UCC for all Indian citizens.

It had then prepared a questionnaire to solicit public opinion on ways in which family law reforms could be introduced in a manner that “does not compromise the diversity and plurality that constitutes the core of India’s social fabric.”

You may read: Uniform Civil Code or ‘Unilateral Civil Code’ by S. Sanal Kumar

You may also read: Need for a United or Unified Code? Understanding the Implications of the Uniform Civil Code by Varun Srinivasan