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On Friday a Bench Headed by Chief Justice Rajendra Menon issues a notice on a PIL filed by BJP Leader Ashwini Upadhyay to the Centre and Law Commission of India to draft a Uniform Civil Code in spirit of Article 14, 15 and 44 of the Constitution.
Petitioner pleaded the Court to issue direction to Union of India to constitute a Judicial Commission or High-Level Expert Committee, to consider best practice of all religions and sects, Civil Law of Civilized Nations and International Convention to draft the UCC according to Article 44 within 3 months, and publish it, giving at least 60 days for public feedback. The Petitioner also submitted the Sarla Mudgal Case that held, Article 44 is not to encroach upon religious liberties guaranteed under Article 25. Though Article 25 ensures Freedom of Religion, Article 44 dissects Religion from Personal Laws, such as Marriage, Succession and other Secular matters does not fall within Articles 25 – 27.
The petition stated that only UCC, in spirit of Article 44 read with Articles 14, 15 and 21, can secure the Right of Equality under Article 14, Right against Non-Discrimination under Article 15 and Right to Life under Article 21 and also Gender Justice and Gender Equality.
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