New Delhi: The Union government has opposed a petition filed by Bharatiya Janata Party (BJP) spokesperson and lawyer Ashwini Kumar Upadhyay before the Supreme Court seeking uniform grounds and procedure for divorce, adoption and guardianship for all communities across the country, Bar and Bench reported.
In its affidavit, the Union government said that Upadhyay has also filed a plea in the Delhi high court seeking a Uniform Civil Code, which is still pending. It added that the plea before the top court could have a connection with the plea before the high court.
The government, therefore, prayed that the petition by Upadhyay be dismissed, the news report said.
The Union government had opposed the Delhi high court plea as well, saying that a Uniform Civil Code can be introduced only after an in-depth study of various personal laws governing different communities.
In November last year, the Allahabad high court had asked the Union government to initiate and speed up the process of the Uniform Civil Code, saying it’s a “necessity and mandatorily required today”.
In the latest hearing, the Union government also informed the apex court that it had requested the Law Commission to examine various issues relating to the Uniform Civil Code and make a recommendation.
“In view of the importance of the subject matter and sensitivity involved which requires in-depth study of the provisions of various personal laws governing different communities, the Central government requested the Law Commission of India to undertake examination of various issues relating to uniform civil code and to make recommendations,” the affidavit said.
It added that once the Commission submits its report, it would examine it in consultation with various stakeholders.
The Union government dismissed the argument that Muslims, Christians and Parsis do not have a common adoption law, saying they can approach the court under the Juvenile Justice (Care and Protection of Children) Act for adoption.
The government further said the power to make laws is exclusively that of the legislature. The court cannot give a “mandamus to Parliament to make certain laws”.
Saying that Upadhyay’s petition is not maintainable, it said: “This is a matter of policy for the elected representatives of the people to decide and no direction in this regard can be issued by the court. It is for the legislature to enact or not enact a piece of legislation.”
The top court had earlier sought a comprehensive response from the Union government on a batch of petitions seeking a direction to the government to frame religion and gender-neutral laws for civil matters.
Upadhyay has filed five separate petitions through advocate Ashwani Kumar Dubey, seeking such laws. The BJP leader had, in August 2020, filed the PIL seeking “uniform grounds of divorce” for all citizens, in keeping with the spirit of the constitution and international conventions.
He had filed another PIL seeking “gender and religion-neutral” uniform grounds of maintenance and alimony for all citizens in accordance with the spirit of the Constitution and international conventions.