AIMPLB moves apex court on plea for uniform divorce laws

NEW DELHI: The All India Muslim Personal Law Board (AIMPLB) has moved the Supreme Court to oppose a public interest litigation (PIL) demanding uniformity in divorce laws across India.

Seeking to be heard as a representative body of Muslims, the board has emphasised that since personal laws could not be tested on the anvil of Articles 14 (right to equality), 21 (right to life) or any other constitutional provision, the court could not issue judicial orders in this regard.

In August 2020, Bharatiya Janata Party leader and advocate Ashwini Kumar Upadhyay had moved the top court, seeking directions to the Centre to take steps to remove anomalies in divorce laws and make them uniform for all citizens, without any prejudice on the basis of religion, race, cast, sex or place of birth.

“The 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,” it said. Challenging the petition in its plea filed through advocate MR Shamshad, the Muslim rights body submitted that the constituent assembly had consciously kept the personal laws outside the ambit of the definition of laws in force in Article 13 and consequently, the judicial scrutiny was not permissible.

The All India Muslim Personal Law Board further stated the laws related to marriage and divorce even among the Hindus were not uniform and thus the customs and practices have been protected by the Hindu Marriage Act itself.

It sought dismissal of Upadhyay’s petition “for the sake of justice.”