PIL Filed In SC ‘Seeking Uniform Grounds of Divorce’ For All Citizens In Spirit of Articles 14,15,21, And 44 of the Constitution of India.

(Judicial Quest News Network)

A PIL filed in Supreme Court seeking ‘uniform grounds of divorce for all citizens throughout India according to the spirit of the Constitution of India have been filed.

The plea is filed by the BJP Leader and Advocate Ashwani Kumar Upadhyay and field through Advocate Ashwani Kumar Dubey sought directions to the centre to take steps to remove anomalies in Divorce laws and make them uniform for all citizens without prejudice on the basis of religion, race, casts or place of birth.

The facts constituting cause of action accrued on 13.09.2019 and continue, when this Hon’ble Court in Jose Paulo Coutinho Case once again pressed the need of uniform civil laws and cited the example of Goa but Centre even failed to provide uniform grounds of divorce. Article 14 of the Constitution guarantees equality before the law and equal protection of laws.

Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, place of birth and enables the State to make special provisions for women. Article 16 guarantees equality of opportunity and Article 21 guarantees life and liberty.

Article 25 clarifies that freedom of conscience and right to profess, practice and propagate religion is not absolute and subject to public order, morality and health.

Article 38 directs the State to eliminate inequalities in status, facilities and opportunities. Article 39 directs the State to direct its policy towards securing that men-women equally, have the right to an adequate means of livelihood. Article 44 directs the State to implement a uniform civil code for all citizens.

Article 46 directs to promote economic interest of weaker sections and protect them from social injustice and all forms of exploitation.

Moreover, under Article 51A, State is obligated to promote harmony & spirit of common brotherhood amongst all citizens transcending religious linguistic, regional or sectional diversities; renounce the practices derogatory to dignity of women; and, develop scientific temper humanism and spirit of inquiry and reform.

Furthermore, on 26.11.1949, we the Indians, have solemnly resolved to constitute India, a sovereign socialist secular democratic republic, and to secure to all its citizens: Justice, social economic and political; Liberty of thoughts, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them fraternity assuring dignity of the individual and the unity and integrity of the nation. It is submitted.

However, despite the above well-expressed provisions in the Constitution itself, Centre has failed to provide “Uniform Grounds of Divorce” for all citizens throughout the territory of India.

Therefore, petitioner is filing this PIL under Article 32, seeking direction to the Centre to take apposite steps to remove anomalies in the grounds of divorce & make them uniform for all citizens without prejudice on the basis of religion, race, cast, sex or place of birth in spirit of the Articles 14, 15, 21, 44 and international conventions.

Alternatively, being custodian of the Constitution & protector of the fundamental rights, this Hon’ble Court may declare that the discriminatory grounds of divorce are violative of Articles 14, 15, 21 and frame guidelines for ‘Uniform Grounds of Divorce’ for all citizens. Alternatively, this Hon’ble Court may direct the Law Commission to examine the laws of divorce & suggest ‘Uniform Grounds of Divorce’ for all citizens in spirit of Articles 14, 15, 21, 44 within 3 months, while considering international laws & international conventions.” narrates the plea.

The petitioner contends that despite the clarity in the constitution regarding the provisions, Centre has failed to provide “Uniform Grounds of Divorce” for all citizens throughout the territory of India.

divorce is among the most traumatic misfortunes for men and women but even after 73 years of independence, divorce procedures are very complex and neither gender neutral nor religion neutral

The petitions states that Hindus, Budhist, Sikhs and Jains have to seek the divorce under the Hindu marriage Act 1955, While Muslims, Christains & Parsis have their own personal laws.

The on-going distinction is based on patriarchal and stereotypes and has no scientific backing, perpetrates de jure and de facto inequality against women and goes against the global trends.

The statutory provisions, responsible for discrimination are: Section 10 of the Indian Divorce Act, 1869; Section 13 of the Hindu Marriage Act, 1955; Section 27 of the Special Marriage Act, 1954; Section 32 of the Parsi Marriage & Divorce Act, 1936; Section 2 of the Dissolution of Muslim Marriages Act, 1939.

It is prayed that 

1.       direct the respondents to take apposite steps to remove anomalies in the grounds of divorce & make them uniform for all citizens without prejudice on the basis of religion, race, cast, sex or place of birth in spirit of the Articles 14, 15, 21, 44 and international conventions;

2.       alternatively, being custodian of the Constitution and protector of the fundamental rights, declare that the discriminatory grounds of divorce are violative of Articles 14, 15, 21 of the Constitution and frame guidelines for ‘Uniform Grounds of Divorce’ for all citizens, while considering the laws of divorce and international conventions;

3.       alternatively, direct the Law Commission of India to examine the laws relating to divorce and suggest ‘Uniform Grounds of Divorce’ for all citizens in spirit of Articles 14, 15, 21, 44 of the Constitution within three months, while considering the laws of divorce, the best practices of all religions and international conventions;

4.       Pass such other order(s) or direction(s) as Hon’ble Court may deem fit and proper in facts of the case and allow the cost to petitioner.

       [Read Petition]