Highlights

The Supreme Court of India has agreed to examine a plea to frame the uniform guidelines on divorce, maintenance and alimony for all religions with a caution.

Petitioner

  • The petitioner argued the divorce, maintenance & alimony laws in certain religions discriminated & marginalised women.
  • The petitioner argued with SC, the anomalies that vary from one religion to another were violative of the right to equality under the Article 14 of the Indian Constitution.
  • This is also violative of the right against discrimination under Article 15 of the Indian constitution on the basis of religion and gender and right to dignity.
  • The petitioner has also called for the laws on divorce, maintenance and alimony should be “gender- and religion-neutral”.
  • References to UCC (Uniform Civil Code) has also been provided by the petitioner.

Concerns

Supreme Court bench has also maintained that framing the uniform guidelines could destruct the personal laws itself.

The Uniform Civil Code

The UCC which has been mentioned in part 4 and article 44 of the constitution of India. The Uniform Civil Code specifies that all the sections of the society shall be treated equally irrespective of their religion. This node means that a national civil code shall be applicable to all uniformly. The Uniform Civil Code covers areas such as marriage, divorce, maintenance, Inheritance, adoption and succession of property. Uniform Civil Code is based on the notion that there is no connection between the religion and law in modern civilization.

Article 44 of the constition

The article 44 of the constitution of India states that, the State shall secure a uniform civil code for the citizens all across India.

Plea in Supreme Court for Uniform Divorce