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Supreme Court News: Buddhist organization submitted an application to the Supreme Court for consideration. It has been claimed that some Hindu personal laws also apply to Buddhists which are against their fundamental rights.
Supreme Court News : The Supreme Court on Friday asked the Law Commission to consider the application of a Buddhist organization. The Buddhist organization believes that some personal Hindu laws, which also apply to Buddhists, are against fundamental rights, which also include freedom of religion. The bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, while hearing the application of Buddhist Personal Law Action Committee, asked the Law Commission to consider this application as a representation that many legal rules are against the fundamental rights and cultural practices of the Buddhist community. If many such mistakes are found then changes need to be made and attention should be paid to them.
21st Law Commission is considering
According to current legal practice, Buddhists are subject to the same personal laws as Hindus, as provided for in the Hindu Marriage Act 1955, the Hindu Minority and Guardianship Act 1956, and the Hindu Adoption and Maintenance Act 1956. At the same time, the definition of Hindu under Section 25 of the Constitution includes Buddhists, Jains and Sikhs. Justice Surya Kant asked whether you want an order to make changes in the Constitution and personal law? Where have you contacted the government authority and you want Kesavananda Bharti to make changes in the basic structure also. Apart from this, the Supreme Court bench also took note of a December 2024 communication from the Ministry of Law and Justice, which stated that the 21st Law Commission is continuously considering this issue in its deliberations on the Uniform Civil Code (UCC). Besides, opinions of various people have also been sought on this issue.
Law Commission gives recommendations for change
At the same time, the petitioner’s lawyer said that there is a separate community of Buddhists in India and representations have been given in this regard several times. Now the bench has said that the Law Commission is the only expert body in the country, which is headed by a former judge of the Supreme Court or the Chief Justice of the High Court. Also, the Law Commission can give recommendations for such constitutional changes. The bench said in clear words that the Law Commission recommends changes in new laws, their repeal and making them in accordance with our constitutional values and morality. Also, the apex court cannot issue writ of mandamus to make or remove any law or rules. Petitioner Trust is working to propagate Buddhism in India. He says that some rules are against the fundamental rights of Buddhists. The bench said that the law panel took a holistic view on this issue and gave suggestions accordingly.
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