The All India Muslim Personal Law Board (AIMPLB) has submitted a motion to the Supreme Court against a plea seeking “uniform grounds for divorce” for all citizens of the country, in accordance with the spirit of the Constitution and international conventions.
The AIMPLB has opposed the allegation made by BJP defender and leader Ashwini Kumar Upadhyay seeking uniform grounds for divorce on the grounds that personal laws cannot be proven on the anvil of articles 14, 15, 21 and 44 of the Constitution.
“The applicant would like to present that the expression and ‘Custom and usage’ in Article 13 of the Constitution does not include the faith of a religious denomination embedded in personal laws, ‘said the statement while seeking implementation in the petition filed by Upadhyay. .
“The Constituent Assembly was aware of the distinction between ‘personal right’ and ‘custom and use’ and deliberately chose to exclude personal right and include custom and use in Article 13 of the Constitution,” he said.
In its pleading, the Board alleged that the laws relating to marriage and divorce among Hindus themselves are not uniform and, therefore, customs and practices have been protected by the statute itself.
On December 16 last year, the high court had sent a notification to the Center about the guilty plea filed by Upadhyay.
His petition sought instructions for the Center to take steps to eliminate anomalies in divorce laws and make them uniform for all citizens, without any prejudice on the grounds of religion, race, cast, sex or place of birth. “The court can declare that discriminatory grounds for divorce violate articles 14, 15, 21 and the framework guidelines for” uniform grounds for divorce “for all citizens,” he said.
While article 13 of the Constitution deals with laws that are incompatible with or derogate from fundamental rights, article 14 guarantees equality before the law of all citizens. Article 21 refers to the protection of life and personal liberty, while Article 44 speaks of a uniform civil code for citizens.
Alternatively, this court may order the Legal Commission to examine the divorce laws and suggest ‘Uniform Grounds for Divorce’ for all citizens in the spirit of Articles 14, 15, 21, 44 within three months, considering the laws international and international conventions. ‘said the plea.
Hindus, Buddhists, Sikhs and Jains must file for divorce under the Hindu Marriage Act of 1955. Muslims, Christians, and Parsis have their own personal laws. A couple belonging to different religions must file for divorce under the 1956 Special Marriage Law, ” he said.
If either spouse is a foreign citizen, that person has to file for divorce under the Foreign Marriage Act 1969. Therefore, the grounds for divorce are not gender or religion neutral, according to the statement. The PIL said the ‘harm’ caused to the public by this is great because divorce is one of the most traumatic misfortunes for both men and women, but even after 73 years of independence, divorce proceedings are very complex in the world. country.
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