SC refuses to entertain pleas seeking direction to Centre to enact gender, religion-neutral laws

PTI, Mar 29, 2023, 4:43 PM IST

New Delhi: The Supreme Court on Wednesday refused to entertain pleas seeking a direction to the Centre to frame religion and gender-neutral uniform laws governing subjects like marriage, divorce, inheritance and alimony, saying it cannot direct Parliament to ”enact the law”.

A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala took note of the submissions of Solicitor General that the issue fell under the domain of the legislature and hence the pleas cannot be entertained.

”This issue exclusively falls under the domain of the legislature and a writ of mandamus cannot be issued to Parliament (to enact laws),” said the bench while disposing of pleas including the PILs filed by lawyer Ashwini Upadhyay.

The bench was hearing petitions seeking a direction to the government for enacting uniform religion and gender-neutral laws on a wide variety of issues.

Upadhyay had filed five separate petitions seeking direction to the Centre to frame religion and gender-neutral uniform laws for divorce, adoption, guardianship, succession, inheritance, maintenance, marriage age, and alimony.