No connection between Religion and Personal Laws in civilized society: Plea in Delhi HC for Uniform Civil Code

The Delhi High Court today issued notice in a plea seeking a direction to the Central Government to constitute a Judicial Commission or a High Level Expert Committee to draft a Uniform Civil Code within three months..Notice was issued to the Central Government by a Division Bench of Chief Justice Rajendra Menon and Justice Brijesh Sethi in a plea by petitioner-in-person, advocate Ashwini Kumar Upadhyay..The petition seeks a Uniform Civil Code for the country after considering the best practices of all religions, sects, civil laws of developed countries, and international conventions..In the alternative, the petitioner seeks a direction to the Law Commission of India to draft a Uniform Civil Code within three months..The petitioner submits that the Directive Principles of State Policy enshrined in the Constitution are “affirmative instructions from the ultimate sovereign to the State authorities”. These directives are meant to secure to social, economic and political justice all citizens as well as liberty of thought, expression, belief, faith and worship, Upadhyay’s petition further states..Calling for the need for such a Code, it is argued that the object of Article 44 of the Constitution is to promote fraternity, unity and national integration, as it proceeds on the assumption that there is no connection between religion and personal laws in a civilized society..The object of Article 44 is not to encroach upon religious liberties guaranteed under Article 25, it is added..Upadhyay also claims that the Right to Equality guaranteed under Article 14, the Right against Discrimination guaranteed under Article 15, and the Right to Life and Liberty guaranteed under Article 21 cannot be secured without implementing a Uniform Civil Code..The matter will be next heard on July 8..In its consultation paper released in August 2018, the Law Commission of India opined that a Uniform Civil Code is not required to reconcile conflicts in personal/family laws with the Indian Constitution.