Defending the Uniform Civil Code (UCC) in response to a bunch of petitions challenging its provisions in the Uttarakhand High Court, the state government has said it reflects the progress towards a more egalitarian society and the state's commitment to gender equality.
The UCC also seeks to meet the dreams and hopes of the Constitution makers, it has said.
"The Uniform Civil Code signifies the progress towards a more egalitarian society and shows the state's commitment to social progress and gender equality," the Bharatiya Janata Party (BJP) government said in an affidavit filed recently in the court.
Referring to Article 44 of the Constitution, the affidavit said it allows the state to exercise its legislative power to wholly replace personal laws with statutory laws, sources familiar with the content of the document said.
Article 44 of the Constitution relating to Directive Principles of State Policy provides to secure the citizens by bringing a uniform civil code throughout the country, the affidavit said.
The Code seeks to meet the dreams and hopes of the Constitution makers, it added.
It also shows that religion-based personal laws are not a collective fundamental right of religious communities, the affidavit said.
Uttarakhand became the first state in independent India to implement the UCC on January 27 this year.
However, soon after it came into effect, several petitions were filed in the high court challenging its various provisions, especially the ones regarding the mandatory registration of live-in relationships, which, according to the petitioners, would be an infringement on people's right to privacy.
The bunch of pleas challenging the UCC are to be heard by a division bench of the high court headed by Chief Justice Guhanathan Narendar on April 22.
In its affidavit filed in response to the PILs, the government has said the UCC is the manifestation of a constitutional mandate through the legislative state policy.
The Code emanates from profound social and cultural issues and is a reflection of the social, economic and cultural progress of the country and the state of Uttarakhand, it has said.
The affidavit also said the UCC was drafted and implemented after wide-ranging consultations.
Before enacting the Code, 36 meetings were held across the state, ranging from public dialogues in places like Mana village to discussions with officials of the police, law and social welfare departments.
"After due consideration, research and inputs, the Code was formulated and implemented," it said.
The affidavit also mentioned the landmark Kesavananda Bharati judgment of the Supreme Court, emphasising that "harmony and balance between fundamental rights and directive principles of state policy is an essential feature of the Constitution and is enshrined in its basic structure".