SC declines to entertain pleas for uniform laws on divorce, adoption, guardianship

The Uniform Civil Code is desirable. But there is a legislative aspect. It cannot be decided on a writ petition, solicitor general said

The Supreme Court on Wednesday declined to entertain a batch of petitions seeking uniform laws for all citizens relating to divorce, adoption, guardianship, succession/inheritance and maintenance.

A bench led by the CJI D Y Chandrachud refused to consider the plea filed by advocate Ashwini Kumar Upadhyay, as Solicitor General Tushar Mehta on behalf of the Centre stated that as a matter of policy, the Union government does support enactment of uniform legislation but such an intervention can only be through a legislative process.

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"The Uniform Civil Code is desirable. But there is a legislative aspect. It cannot be decided on a writ petition," Mehta said.

The petitioner sought uniform grounds for divorce, maintenance, adoption and guardianship irrespective of personal laws in case of Hindu, Muslim, Christian and Parsi, as a matter of human rights and fundamental rights enshrined in the Article 14, 15 and 21 of the Constitution and also States' responsibility under Article 44 of the Constitution and International Conventions.

He also said this was necessary for the promotion of secularism.

The court, in its order, noted that granting relief will necessitate direction to legislate law, which lied in the domain of legislature. It, however, segregated others pleas filed with different prayers.