CJI: Uniform code a sensitive issue

Legislature should take responsibility


Delivering the M K Nambiar memorial lecture, here on Wednesday night, the CJI said: “Uniform civil code is a very sensitive issue. India is a country which has a multifarious race, caste and community”.

Appreciating the utter care and sensitivities required in countries like India when it comes to enacting and implementing legislation, he said even the British took thirty years to implement the Indian Penal Code.

Unilateral imposition
Former Attorney General of India Soli J Sorabjee was of the opinion that an academic discussion on uniform civil code was always welcome, but the challenge must be met by the legislature.

Mr Sorabjee said “there cannot be unilateral imposition of the uniform civil code”.
Article 44 of the Indian Constitution says “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. Shimon Shetreet, a faculty member of the Hebrew University in Jerusalem, applauded the efforts of Indian judiciary in resolving disputes pertaining to personal laws, but cautioned that it was the realm of legislature and the legislature should come forward to assume the responsibility.
Hiram Hodosh, dean of law, University of Utah, however, proposed for mediation of the uniform civil code and said: “We must look for more creative options rather than replicating the existing one for the countries like India”.

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