SC Refuses To Hear Pleas Seeking Order To Centre To Frame Gender & Religion-Neutral Laws

The Supreme Court has recently refused to hear petitions seeking an order to Centre to frame religion and gender-neutral uniform laws governing topics such as marriage, divorce, inheritance, and alimony, stating that it cannot direct the Parliament to “enact the law.”

A bench comprising Chief Justice D.Y. Chandrachud and Justices PS Narasimha and JB Pardiwala took note of the Solicitor General’s submissions that the problem fell within the purview of the legislature and thus the petitions could not be heard.

“This issue is solely within the domain of the legislature, and a writ of mandamus cannot be issued to Parliament (to enact laws),” the bench stated while disposing of pleas, including the PILs filed by lawyer Ashwini Upadhyay.

The bench was hearing petitions seeking the government be directed to enact uniform religion and gender-neutral legislation on a broad range of issues.

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