The Supreme Court on Monday dismissed a plea challenging the formation of committees in Uttarakhand and Gujarat to implement Uniform Civil Code in the two states, reported Live Law.
The two Bharatiya Janata Party-ruled states have formed committees to study aspects of implementing the Uniform Civil Code.
A Uniform Civil Code involves having a common set of laws governing marriage, divorce, succession and adoption for all Indians, instead of allowing different personal laws for people of different faiths. The aim of such uniformity is meant to ensure equality and justice for women in particular, who are often denied their rights in marriage, divorce and inheritance under patriarchal personal laws.
The plea filed in the Supreme Court contended that the formation of committees to implement the code is unconstitutional, reported Live Law. However, at Monday’s hearing, Chief Justice of India DY Chandrachud said that the states have the executive powers to set up such committees.
Constitution of a committee cannot itself be challenged as beyond the powers of the executive, the top court said.
In March, the Uttarakhand state Cabinet had approved the formation of the committee soon after it won the Assembly elections.
Chief Minister Pushkar Singh Dhami had said last year that the Uniform Civil Code will “enhance social harmony, boost gender justice, strengthen women empowerment and help protect the extraordinary cultural-spiritual identity and environment of the state”.
Meanwhile, in September, the Gujarat state Cabinet also constituted a committee to evaluate all aspects of implementing the Uniform Civil Code, reported The Hindu. The decision was taken two months before Assembly elections were held in the state.
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