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Chief Justice of Supreme Court Justice K.G. Balakrishnan.
(File Photo: Akhilesh
Kumar) |
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Malegaon: Uniform Civil Code is a highly “sensitive”
issue in the country where people belonging to different races,
castes and communities reside, Chief Justice of India K G Balakrishnan
has said.
“The question of
Uniform Civil Code is a very-very sensitive issue. India is a
country which has a multifarious race, caste and community,” the
report published in The Hindu quoted CJI as saying. He was
speaking at the M K Nambiar Memorial Lecture in New Delhi
According to the
report, the CJI appreciated the utter
care and sensitivities required in countries like India when it
comes to enacting and implementing legislation while stating that even Britishers took thirty years to implement Indian Penal Code.
“It took almost thirty
years for Britishers to implement the Indian Penal Code after its
codification in the beginning of 1830,” the report quoted the CJI as
saying.
Former Attorney
General Soli J Sorabjee said an academic discussion on uniform civil
code issue was always welcome but the challenge must be met by the
Legislature adding that “there cannot be unilateral imposition of
the Uniform Civil Code“.
Article 44 of the
Indian Constitution says “The state shall endeavour to secure for
the citizens a uniform civil code throughout the territory of
India”.
Shimon Shetreet, a
faculty at Hebrew University in Jerusalem applauded the efforts of
Indian judiciary in resolving disputes pertaining to personal laws
but cautioned that it was the realm of legislature and it should
come forward to assume the responsibility.
“Legislative process
is more amenable to dialogue to solve the issue,” he said.
Hiram Hodosh, Dean of
law, University of Utah, however, proposed for mediation of uniform
civil code saying that we must look for more creative options rather
than replicating the existing one for countries like India.
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