The Centre’s instruction on an application for a similar reason for a divorce by the Supreme Court said it would affect the Muslim Employees Law Board – a threat to personal law? The SC also said it was cautious about getting a law for divorce

The Supreme Court on Wednesday heard petitions for divorce and equal land enforcement of the same offense for all religions. Under this, the court has issued a notice to the Center and said that such a demand would affect individual law.

Two separate PILs filed by BJP leader Ashwini Kumar Upadhyay state that women of all faiths should be treated equally and if any religious practices deprive them of their basic rights, such practices should be abolished.

“We have to think carefully about this matter,” the court said. The bench said, “You are taking us in a direction that will encircle individual law and break the very purpose for which personal law is made.” Divorce for all religions and the same reasons for allowances for all religions. Advocate Ashwani Kumar Upadhyay has demanded implementation of the same rules. The petitions were discussed by senior advocates Pinky Anand and Meenakshi Arora.

During the hearing, Pinky Anand and Meenakshi Arora argued that there was a difference of religion in the matter of divorce and maintenance allowance and this discrimination should be abolished. When the bench asked, “Can we remove this discriminatory divorce ground without introducing individual laws?” Prosecutors then cited Shaira Bano’s decision, saying the SCA had declared the triple divorce unconstitutional.

“We are sending notices,” said a bench of CJI S A Bobde and Justices AS Bopanna and V Ramasubramaniam. Because such a demand will have an impact on individual law.

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