Author: Onkar Singh in New Delhi
Publication: Rediff on Net
Date: July 23, 2003
URL: http://us.rediff.com/news/2003/jul/23sc.htm
In a major development, the Supreme
Court on Wednesday regretted the non-implementation of a Uniform Civil
Code while hearing a petition pertaining to the Indian Succession Act.
Delivering its verdict, a three-judge
bench regretted that Article 44 of the Constitution had not been given
effect to even after over 50 years of independence.
[Article 44, under the Directive
Principles of State Policy, says - The State shall endeavour to secure
for the citizens a uniform civil code throughout the territory of India.]
The bench, comprising Chief Justice
V N Khare, Justice S B Sinha and Justice Dr A R Lakshmanan, was hearing
a petition challenging section 118 of the Indian Succession Act, 1925,
which prevents Christians from bequeathing property for religious and charitable
purposes.
The petition was moved by John Vallamattom,
a Christian priest, and one other person in 1997.
"Section 118 of the Act imposes
a restriction only on Indian Christians. The said restriction is not applicable
to citizens of other religions, including Parsis," the petitioner said.
He also pointed out that if anyone
wanted to donate property for religious and charitable purposes, the person's
'will' would have to be on record at least 12 months prior to his/her death.
Else, the 'will' was considered
invalid.
"We find that section 118 of the
Act being unreasonable is arbitrary and discriminatory and, therefore,
violative of Article 14 of the Constitution," Justice Khare said.
[Article 14: Equality before law
- The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.]
"We would like to state that Article
44 provides that the State shall endeavour to secure for the citizens a
Uniform Civil Code throughout the territory of India," Justice Khare said.
"It is a matter of regret that Article
44 of the Constitution has not been given effect to. Parliament is still
to step in and frame a common civil code in the country. A common civil
code will help the cause of national integration by removing the contradictions
based on ideologies."
"For the reasons aforementioned,
this writ is allowed and Section 118 of the Indian Succession Act is declared
unconstitutional being violative of Article 14 of the Constitution of India,"
Justice Khare said.
Justice S B Sinha and Justice A
R Lakshmanan also passed separate orders agreeing with Chief Justice V
N Khare.
Justice Sinha said that the provision
in question was enacted to prevent persons from making an ill-considered
deathbed bequest.
"The objective behind the said legislation
was, therefore, to protect the section of illiterate or semi literate persons
who used to blindly follow the preachers of religion."
"Such a purpose has lost all significance
with the passage of time," he wrote in his order.
