The Delhi High Court has declined to entertain a public interest litigation (PIL) for time-bound implementation of Supreme Court’s suggestion to provide a uniform civil code applicable throughout the country.
Citing several apex court judgements, which have held that the judiciary cannot direct the executive to introduce a particular legislation, a bench of Chief Justice G Rohini and Justice R S Endlaw dismissed the plea.
The petitioner, Mool Chand Kucheria, had submitted in his PIL that the apex court in its 1995 verdict in Sarla Mudgal vs Union of India had suggested to the government to “secure for the citizens a uniform Civil Code throughout the territory of India” and sought that the same be implemented in a time-bound manner.
He had also sought a direction “for constitution of a committee of religious gurus or experts to see the smooth implementation of the said guidelines”.
Disposing of the plea, the high court said, “Nevertheless the fact remains that the Supreme Court, in spite of having held so, did not issue any direction as the petitioner is asking us to issue. We, therefore, do not find any ground to entertain this petition which is dismissed.”
The high court also noted in its verdict that the apex court in Sarla Mudgal judgement had observed that “the Government would be well advised to entrust the responsibility to the Law Commission to bring about the comprehensive legislation in keeping with modern day concept of human rights.”
In the Sarla Mudgal judgement the apex court had held as void the second marriage of a Hindu man who got married again after converting to Islam.