'Uniform Civil Code Ensures Equality' : Plea In Supreme Court For Expert Commission On UCC

The Chancellor of Maulana Azad National Urdu University Firoz Bakht has approached the Supreme Court seeking issuance of directions to Centre for constitution of a Judicial Commission or High Level Expert committee for preparing a Uniform Civil Code ("UCC") for securing gender justice, gender equality and dignity of women.

The transfer petition preferred by Firoz Bakht who is the grand nephew of freedom fighter Maulana Kalam Azad has also sought transfer of the writ petition filed by him in Delhi High Court wherein relief was sought for directing the Centre or Law Commission to draft UCC. The petitioner has sought the transfer of his PIL from the Delhi High Court to the Supreme Court saying that it is needed to avoid multiplicity of proceedings and for an authoritative pronouncement on an issue of substantial general importance.

It has been argued in the petition that UCC administers the same set of secular civil laws to govern different people belonging to different religions and regions and supersedes the right of citizens to be governed under different personal laws based on their religion or ethnicity.

"The need for uniform civil code has been felt for more than a century. The country has already suffered a lot in the absence of a uniform code for all. It is rather a pity that the longest and most elaborately written constitution in the history of mankind, the Indian constitution is responsible for creation of erosion in society. The society has been fragmented in the name of religions, sects and sex. Even at present, in India, there are different laws governing rights related to personal matters or laws like marriage, divorce, maintenance, adoption and inheritance for different communities," the petition states.

Bakht in his petition has further averred that the multifarious casts and creeds and their sets of beliefs or practices are bewilderingly confusing and now where is a scenario like India of various personal laws jostling together allowed.

It has also been contended that that UCC, in the long run, would ensure equality and that absence of UCC is responsible for one calamitous vicissitude in the nation- subjugation of women in almost all the faiths.

"UCC aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Shariat law, and others. The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith," petition further states.

The petition has been filed by Advocate Ashutosh Dubey.

Case Title: Firoz Bakht v. Union of India & Others