The Supreme Court on Wednesday refused to entertain a petition filed on the Uniform Civil Code. The petition sought the Supreme Court to direct and declare that the Center can make Uniform Law only for Trusts and Trustees, Charity and Charity Institutions, and Religious Institutions. However, a bench headed by Justice DY Chandrachud told the petitioner that it is free to suggest any remedy based on the existing law.
The bench also said that no court can issue any direction to Parliament to make laws. The petitioner is seeking a uniform law for all trusts, which comes under the jurisdiction of Parliament, and the court cannot directly go into this aspect. After this, the petitioner Ashwini Kumar Upadhyay withdrew his petition.
Petitioner Ashwini Kumar Upadhyay had said that in accordance with Articles 14-15, the Center can make a uniform law only for trusts and trustees, charitable and charitable institutions, and religious endowments and institutions. In such a situation, the center cannot make separate laws for Waqf and Waqf properties.
Further, the petition said that Sections 4, 5, 6, 7, 8, 9 of the Waqf Act, 1995 are arbitrary, irrational and violative of Articles 14-15 of the Constitution of India. Therefore set aside and the dispute relating to religious properties between two communities shall be decided by the Civil Court only under Section 9 of the Code of Civil Procedure and not by the Tribunal.
Article 44 of the Constitution of India provides for Uniform Civil Code under the Directive Principles of Policy. It has been said that the State i.e. the Government of India 'shall endeavour to ensure for its citizens a Uniform Civil Code throughout the territory of India'. The BJP talks about implementing the Uniform Civil Code on this basis.
Right now the criminal law in India is the same for all citizens. But the rules for the division of family and property differ based on religion. At present, there are civil laws in India related to Hindu Marriage Act- 1955, Muslim Personal Law, Indian Succession Act, Hindu Succession Act- 1956, similarly Christian and Parsi communities etc.