Chancellor of Maulana Azad National Urdu University in Hyderabad Firoz Bakht Ahmed has moved the Supreme Court seeking a direction to the government to constitute a judicial commission or a high-level expert committee to prepare a draft of the uniform civil code (UCC).
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Mr. Ahmed, who is also the grandnephew of independent India’s first Education Minister Maulana Abul Kalam Azad, said the draft should be drawn in keeping with the constitutional rights and international conventions to secure gender justice, equality and dignity of women.
UCC calls for formulation of one law to be made applicable to all religious communities in matters such as marriage, divorce, inheritance and adoption.
Article 44 does not mandate but only asks the State to make an endeavour to secure UCC for all citizens.
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“The PIL has been filed weed out anomalies in minimum age of marriage, grounds of divorce, maintenance-alimony, adoption, guardianship, succession, inheritance based patriarchal stereotypes which perpetrate inequality against women and go against global trends,” the petition said.
Mr. Ahmed quoted Dr. B.R. Ambedkar, and said UCC was incorporated into the Constitution as a “desirable” move, but for the moment “voluntary”.
“It was incorporated in the Constitution as an aspect that would be fulfilled when the nation would be ready to accept it and the social acceptance to the UCC could be made,” it stated.
It, however, argued that UCC wouldn’t vide protection to the vulnerable sections, including women and religious minorities, “while promoting nationalistic fervour through unity”.
“When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu. Ide Bill, Shariat law and others. The code will simplify the complex laws around wedding ceremonies, inheritance, succession, adoptions and making them one for all... Same civil law will be applicable to all citizens irrespective of their faith,” Mr. Ahmed claimed.