**Advocate Challenges Alimony in Supreme Court**
– Advocate Mohd Ahmed Khan has moved the Supreme Court to oppose the award of a monthly alimony to his wife Shah Bano after 43 years of marriage.
– The case has brought attention to Article 44 of the Constitution, which envisions a Uniform Civil Code (UCC) for the country.
– Shah Bano, married to Khan in 1932, sought a monthly maintenance allowance in 1978 after being driven out of her matrimonial home in 1975.
– The Supreme Court upheld the maintenance granted by the High Court in April 1985 and criticized the All India Muslim Personal Law Board for siding with the husband.
– The court’s observations on UCC continue to stir political waters, as it called for the State to take the lead in framing a common civil code.
– Instead of enacting a UCC, the Rajiv Gandhi government enacted the Muslim Women (Protection of Rights on Divorce) Act in 1986.
– The Supreme Court has continued to rule that Muslim women cannot be deprived of alimony, but has also insisted that the legislature take steps to enact UCC.
– A PIL seeking the enactment of UCC was dismissed by the Supreme Court in March 2021, stating that it falls within the exclusive domain of Parliament.
**Political Reactions to UCC Proposal**
– The Aam Aadmi Party has extended “in principle” support to the proposal of a Uniform Civil Code, citing Article 44 of the Constitution.
– However, the Congress and Akali Dal have opposed the UCC, calling it a tactic by the government with an “agenda-driven approach.”
– The All India Muslim Personal Law Board has condemned PM Narendra Modi’s pitch for UCC and objected to attempts to connect it only to the Muslim community.
– In Uttarakhand, a draft of the UCC is said to be “almost final,” with the government expected to receive it within a week or two.
**The Need for a Uniform Civil Code**
– The Supreme Court has repeatedly stressed the need for enacting a Uniform Civil Code in India.
– It has argued that a UCC would help the cause of national integration by removing conflicting ideologies and loyalties to different laws.
– The SC has criticized the lack of official activity in framing a common civil code and called on the State to secure a UCC.
– Muslim personal laws remain uncodified even after 73 years of India becoming a republic, while Hindu personal laws were codified 67 years ago.
– The SC has highlighted the desirability of achieving the goal set by Article 44 of the Constitution, which envisions a Uniform Civil Code for all citizens.
**Conclusion**
– The case of advocate Mohd Ahmed Khan challenging the alimony awarded to his wife Shah Bano has once again brought the spotlight on the need for a Uniform Civil Code in India.
– The Supreme Court has consistently called for the enactment of a UCC to promote national integration and remove conflicting laws.
– While the Aam Aadmi Party has expressed support for the UCC proposal, the Congress and Akali Dal have opposed it.
– The All India Muslim Personal Law Board has condemned the UCC and objected to attempts to connect it only to the Muslim community.
– The Supreme Court has dismissed a PIL seeking the enactment of UCC, stating that it falls within the exclusive domain of Parliament.
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