Ahmedabad: The Gujarat High Court on Tuesday dismissed a petition challenging the composition of a state-appointed five-member committee, formed to assess the need for a Uniform Civil Code (UCC) in the state, on the ground that it did not include any member from minority communities.
A bench of Justice Niral S Mehta dismissed the plea moved by Surat-resident Abdul Vahab Sopariwala.
“Dismissed,” the court said while pronouncing the judgement. A detailed order is awaited.
On February 4 this year, Gujarat chief minister Bhupendra Patel announced the formation of the committee to assess the necessity of the UCC and also to draft a bill for it.
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Challenging its composition of the panel, the petitioner argued that it does not have members from religious minorities, adding that the inclusion of such stakeholders was crucial to ensure that diversity of opinions and practices is considered.
The committee set up to examine the need for the UCC in Gujarat does not have a single scholar from minority communities, the petition said.
Without appropriate representation from every community and relevant stakeholders, this committee violates the fundamental rights guaranteed under Article 14 (right to equality), 15 (prohibition of discrimination), and 25 (right to freedom of religion) of the Constitution of India, it added.
The petitioner said he had made a representation to the chief minister on March 16 before approaching the high court.
The plea had made a prayer to the high court to direct the respondent government to reform the committee with fresh members, who are the known persons of subjective law and effective parties of the said code.
It also sought a direction to the government to engage in a consultative process involving all religious and cultural communities before any move to impose a UCC.
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The constitutional, legal and cultural framework demands that the personal laws of various communities, which are integral to their identities, be respected and preserved, it added.
It also said that no notification was issued for the formation of the committee to examine the need of the UCC in Gujarat.
The committee is chaired by retired Supreme Court judge Ranjana Desai. It has retired IAS officer C L Meena, advocate R C Kodekar, former vice-chancellor of Veer Narmad South Gujarat University Dakshesh Thakar and social activist Geetaben Shroff as its members.
