SC dismisses PIL challenging UCC

SC dismisses PIL challenging UCC

News: The Supreme Court refused to entertain a PIL challenging the decisions of the Uttarakhand and Gujarat governments to constitute committees for implementing Uniform Civil Code (UCC) in their respective states. 

Background:
• The promulgation of the UCC emerges as a positive obligation and not duty of the State under Article 44 of the Constitution in the Directive Principles of State Policy (DPSP).
• Goa’s Portuguese Civil Code of 1867 is an example of a common family law prevalent in a State.
• Both the Uttarakhand and Gujarat governments have constituted committees to look into the issue of implementation of UCC. This to govern matters of divorce, adoption, inheritance, guardianship, succession of all citizens equally regardless of their religion, gender and sexual orientation. 
• Several other petitions are also pending before the top court seeking uniform ground and procedures of divorce, adoption and guardianship for all communities across the country.
• The Centre has been clear that UCC falls within the domain of legislature.

What did the Supreme Court say?
• The constitution of such committees by the states cannot be challenged for being ultra vires to the Constitution of India, as Article 162 empowers the State to constitute such committees.
• Article 162 of the Constitution states that the executive power of a state shall extend to the matters with respect to which the legislature of the State has power to make laws.
• Also, Entry 5 (Concurrent List) of the 7th schedule of the Constitution gives such power to the states to form a committee. It deals with marriage and divorce; infants and minors; adoption; etc.

What is PIL?
• Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards etc. Any matter where the interest of public at large is affected can be redressed by filing a Public Interest Litigation in a court of law.
• Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large.

Evolution of PIL in India:
• The seeds of the concept of public interest litigation were initially sown in India by Justice Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai. 
• The first reported case of PIL was Hussainara Khatoon vs. State of Bihar (1979) that focused on the inhuman conditions of prisons and under trial prisoners that led to the release of more than 40,000 under trial prisoners. Right to speedy justice emerged as a basic fundamental right which had been denied to these prisoners. The same set pattern was adopted in subsequent cases.
• A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case of S.P. Gupta vs. Union of India.
o In this case it was held that “any member of the public or social action group acting bonafide” can invoke the Writ Jurisdiction of the High Courts (under article 226) or the Supreme Court (under Article 32) seeking redressal against violation of legal or constitutional rights of persons who due to social or economic or any other disability cannot approach the Court.
o By this judgment PIL became a potent weapon for the enforcement of “public duties” where executive action or misdeed resulted in public injury. And as a result any citizen of India or any consumer groups or social action groups can now approach the apex court of the country seeking legal remedies in all cases where the interests of general public or a section of the public are at stake.

Who can file PIL and against whom?
• Any citizen can file a public case by filing a petition:
o Under Art 32 of the Indian Constitution, in the Supreme Court.
o Under Art 226 of the Indian Constitution, in the High Court.
o Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.
• A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and not any private party.