PIL in SC seeking Uniform Grounds of Divorce for all the Nationals

Team SoOLEGAL 17 Aug 2020 3:18pm

PIL in SC seeking Uniform Grounds of Divorce for all the Nationals

PIL has been submitted in the Supreme Court of India which seeks directions from the centre for uniform grounds of divorce irrespective of caste, religion, sex or place of birth with regard to Articles 14, 15, 21, 44 of the Constitution of India and various other international treaties.

Ashwini Kumar Upadhayay who has filed the PIL has mentioned that the grounds of divorce should be uniform for all the citizens of India and further said that the anomalies in the grounds of divorce are in violation of Articles 14, 15, 21.

Many articles were cited in this PIL including Article 14 which provides right to equality, Article-15 which prohibits discrimination on grounds of caste, religion or place of birth, Article-16 which guarantees equal opportunity to work, Article-21 which guarantees life and liberty. Also, Article-44 which directs the state to implement Uniform Civil Code for all the citizens.

Through the PIL it is contended that despite having these provisions in the Constitution, divorce is still considered a complex procedure and to that regard the centre has also failed in providing “Uniform Grounds of Divorce” for its citizens.

The complexity of divorce has been highlighted with the submission that Hindus, Buddhist, Sikhs and Jains have to seek divorce under the Hindu Marriage Act, 1955, while the other religions including Muslims, Parsis and Christians have their own personal laws for the same.

It is further contended that there are certain grounds of divorce which are accepted in one religion and not in the other. For eg. Adultery is a ground of divorce for Hindus, Christians and Parsis but not for Muslims, impotency is a ground of divorce for Hindus and Muslims but not for Christians and Parsis, under age marriage is a ground of divorce for Hindus but not for Muslims, Christians and Parsis.

It is therefore noted that though equality and opportunity are the hallmarks of a democracy but these laws do not reflect the same and to that regard it has been argued that, “The ongoing distinction is based on patriarchy and stereotypes and has no scientific backing, it further perpetrates de jure and de facto inequality against women and goes against the global trends”

Tagged: Supreme Court   Constitution of India   Article 15   Article 14   Article 21   Article 44   Hindu Marriage Act  
Did you find this write up useful? YES 0 NO 0

C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail