article 44 of directive principles of state policy of the Indian Constitution defines the uniform civil code. It states that the State is obligated to ensure that India’s citizens have access to a uniform civil code. It could be interpreted as one nation, one law.
All Indian citizens’ personal matters will be governed by the laws included in the uniform civil code, regardless of their religion. The current case demonstrates how the lack of a national civil code has resulted in discrimination against Christians for more than 50 years.
john vallamattom vs union of india Case Facts
- Along with another Christian petitioner, the petitioner was a Roman Catholic priest and an Indian citizen.
- The petitioners brought this petition on the grounds that they were prohibited from passing on their inheritance for philanthropic and religious reasons under the Indian Succession Act of 1925.
- In this petition, the petitioners argued that article 32 of the indian constitution rendered section 118 of the indian succession act, 1925 invalid.
- The petitioners argued that section 118 of the indian succession act was an unjustifiable and autocratic restriction on their ability to donate their personal property for charitable or religious purposes out of their own free will.
- The section stated that any Christian having a niece, nephew, or other close relative is prohibited from donating or giving their personal property for charitable or religious purposes unless a specific structural procedure is followed.
john vallamattom vs union of india Issues
- Was article 14 of the indian constitution breached by the contested rule, section 118 of the indian succession act, 1925?
- Does Article 15 of the Constitution apply to the contested rule?
- Was there a breach of the fundamental rights guaranteed by Articles 25 and 26 of the Constitution by the discrimination against Christians under the contested rule?
Contentions by the Parties
Petitioner:
- Section 118 of the Act, according to the applicant, discriminates against Christians, Christians who have a close relative, Christians who die within a year of executing their Will over which they have no control, and Christians who use property for religious or charitable purposes. It also violates Articles 14 and 15 of the Constitution, the applicant claimed.
- Additionally, they contended that an Indian citizen had the liberty to select the recipients of his Will and the intention behind the bequest.
Respondent:
- The responders contended that because the Act existed before the Constitution, it should still be in effect. Similarly, no legislative developments or amendments in this regard in England or any other foreign nation bound the Indian Parliament.
- Additionally, they contended that when it comes to bequests for religious or charitable purposes, Indian Christians should be treated differently from Muslims or Hindus, as they belong to a different and unique class. Ultimately, they argued that since marriage and succession are secular in nature, they are not covered by the Constitution’s religious provisions.
john vallamattom vs union of india Judgment
- It is important to note that the respondent, the Union of India, did not file an appeal against the Kerala High Court’s ruling.
- The Kerala High Court’s ruling from 16.10.1998 was not followed by the Parliament in eliminating prejudice.
- In view of these facts, this Court is required to declare the contested provision illegal and in breach of Articles 14, 15, 25, and 26 of the Constitution in order to exercise its authority and redress violations of fundamental rights.
- The judge brought up Article 14 of the Indian Constitution, which guarantees equality before the law in India’s borders.
- Even so, a statute’s restriction can be upheld if it applies to a person who is the subject of a distinct and separate section, and if this distinction is justified by reference to comprehensible differentia that serve the intended purpose.
- According to the judge, Section 118’s restrictions are meant to stop people from passing down their personal property in an impolite or thoughtless manner while under the influence of a particular religion.
- However, these restrictions will have a significant impact on those who wish to dispose of their property in a way that will continue to have an impact even after they pass away.
- The concept of property ownership includes the freedom to bequeath property according to one’s own wishes. This right is granted to everyone by the Indian Succession Act, regardless of their age, religion, caste, or creed.
- The Judge made it clear that only Indian Christians are subject to the restrictions outlined in Section 118.
- After reviewing Indian and international law, the judge concluded that there is no reason to prevent someone from distributing their personal property in a testamentary manner for charity purposes that offer various forms of assistance and serve the public good.
- The Judge ruled that it is absurd to prohibit the passing down of personal property for religious or charitable reasons, as generosity is altruistic and does not equate to religious influence.
- Additionally, the Judge decided that such restrictions violate Article 14 of the Indian Constitution. The Judge went on to say that as the right granted by Article 15 is individual rather than collective, it has no bearing on the petition at hand.
- Consequently, the judge declared that section 118 of the indian succession act, 1925 will be declared illegal due to its violation of Article 14 of the Indian Constitution, in accordance with the Supreme Court’s unanimous ruling.
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