The Supreme Court on Monday while giving the landmark judgement that unwed mothers can become the only legal guardian of a child made a critical observation that religion must be kept at bay from law in a secular country like India. The apex court favoured implementation of Uniform Civil Code as enshrined in the Constitution.
"India is a secular nation and it is a cardinal necessity that religion be distanced from law. Therefore, the task before us is to interpret the law of the land, not in light of the tenets of the parties' religion but in keeping with legislative intent and prevailing case law," Justice Vikramajit Sen said.
The unwed mother in question belongs to Christian religion but the bench refused to consider tenets of the religion while passing their judgment. The Court said that unwed mothers belonging to Christian religion are at disadvantage compared to their Hindu counterpart, who are the natural guardian of their child by virtue of giving birth only, without giving any notice to the father. The court said that constitution has the provision of Uniform Civil Code, but it is yet to be implemented.
Earlier also in 1995, Sarla Mudgal case and in 2003, John Vallamattom case, SC has expressed hope that the uniform Civil Code may be implemented soon.
