Petitioner Firoz Ahmed has said in the petition that there is a need for a Uniform Civil Code to protect gender justice, gender equality and the dignity of women.
New Delhi: Chancellor of Maulana Azad National Urdu University in Hyderabad Firoz Bakht Ahmed has moved to 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).
Firoz Bakht Ahmed said the draft should be drawn in keeping with the constitutional rights and international conventions to secure gender justice, equality and dignity of women. Mr. Ahmed is also the grandnephew of independent India’s first Education Minister Maulana Abul Kalam Azad.
UCC calls for formulation of uniform 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.
The petitioner said that the PIL has been filed to remove 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.
Mr. Ahmed quoted Dr. B. R. Ambedkar, and said UCC was incorporated into the Constitution as a “desirable” move, but for the moment “voluntary”.
The petition states, “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.”
However, the petition argues that UCC wouldn’t vide protection to the vulnerable sections, including women and religious minorities, “while promoting nationalistic fervour through unity.”
Mr. Ahmed says, “When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu Bill, Shariah 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.”
The petitioner, Firoz Ahmed, is the grandnephew of freedom fighter Abul Kalam Azad. Ahmed, in his petition filed before the Supreme Court, has said that while criminal laws in India are uniform and applicable equally on all, no matter what their religious beliefs are, the civil laws are influenced by faith and this should not be permitted.
The petition is likely to come up for hearing within a period of 10 days or so, according to the Supreme Court registry staff.