Forward Vision

The Past The buzz surrounding the Uniform Civil Code (UCC) did not start recently but has a long history dating back to the colonial era. Initially, the purpose of the UCC was to bring uniformity to penal laws rather than personal laws. However, views on the applicability and functionality of the UCC have changed since independence, giving rise to numerous questions. Many scholars believed that in a pluralistic country like India, implementing a UCC would be impractical. Throughout history, whenever a discussion on the UCC arose, the government tended to push it through without extensive deliberation. Another concern related to the UCC was whether it should be included in Part III or Part IV of the Constitution. Ultimately, it was decided that the UCC should fall under the Directive Principles of State Policy and not under fundamental rights. The word “Uniform Civil Code” is clearly included in Part IV, Article 44 of the Indian Constitution. The Shah Bano case, filed in 1985, raise...

Introduction : The Bombay High Court recently addressed a batch of petitions challenging the quashing of an order by an Additional Sessions Judge under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act). The case involved a Kirtankar, a public speaker, who allegedly propagated techniques for conceiving a male child during a religious discourse. The court examined whether the statements made constituted an offense under the PCPNDT Act and determined that the communication in the religious discourse qualified as an advertisement. This blog explores the court's ruling and its implications for the trial. Background : The respondent, a Kirtankar with influence in rural and semi-urban areas, addressed a gathering where he shared extracts from religious and Ayurvedic books, claiming they provided techniques for conceiving a male child. He asserted that sexual relations on even dates would result in a male child, while odd dates wou...