SC asks Law panel to consider representation challenging applicability of Hindu laws to Buddhists
New Delhi (PTI): The Supreme Court on Friday asked the Law Commission to consider a plea as a representation of a Buddhist group that certain sets of personal Hindu laws, which are applicable to Buddhists also, are against their fundamental rights, including freedom to practice religion.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, hearing a plea of the Buddhist Personal Law Action Committee, asked the Law Commission to treat the plea as a representation that certain existing legal provisions run contrary to the fundamental rights and cultural practices of the Buddhist community, warranting constitutional and statutory changes.
Buddhists are governed by same personal laws as Hindus, as specified by the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, the Hindu Minority and Guardianship Act, 1956, and the Hindu Adoptions and Maintenance Act, 1956.
Article 25 of the Constitution includes Buddhists, Jains, and Sikhs within the definition of "Hindu" for the purposes of these laws.
At the outset, the CJI, however, questioned the nature of the relief sought.
“You want a mandamus to amend the Constitution and personal laws? Where have you approached the government authority? You want us to consider Kesavananda Bharati now and amend the basic structure also,” Justice Kant asked.
The counsel for the petitioner submitted that Buddhists constituted a distinct community and that representations had been made “so many times.”
The bench said the Law Commission is the only expert body in the country and is usually headed by a former Supreme Court judge or by the Chief Justice of the high court.
“They will welcome a person like you and get assistance. The Law Commission can make recommendations for such constitutional amendments,” he said.
The bench noted a communication of the Ministry of Law and Justice of December 2024 which said that the 21st Law Commission is examining the issue in its deliberations on the Uniform Civil Code and views of various stakeholders have been sought.
The bench noted that the Law panel advises amendments, repeal, and enactment of new laws to bring them into conformity with “our constitutional ethos and morality,” and a writ of mandamus cannot be issued by the apex court to make or delete a law or provisions.
“The instant writ petition has been filed in public interest seeking following reliefs… Petitioner trust is working for propagation of Buddhism in India. He states certain provisions are contrary to fundamental rights of Buddhists…There is no gainsaying that the Law Commission is one of the premier institutions headed by a former judge of this court or a chiief Justice of the High Court…,” it noted in the order.
The bench said the law panel took a “holistic view” on the issue and made recommendations accordingly.
“In order to assist the Law Commission for an expeditious conclusion of pending issues, we deem it appropriate to direct that the plea be served as a representation to the Law Commission of India (LCI). The registry accordingly directed to send a complete paper-book to the LCI for their consideration of material brought on record by the petitioner,” it said.
The bench said the law panel may permit a representative of the petitioner organisation to “render quality assurance” to it in formation of the view point.
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Punjab: Blast near army cantt area in Amritsar, hours after explosion in Jalandhar
Chandigarh (PTI): An explosion occurred near the army cantonment area in Khasa late Tuesday night in Punjab's Amritsar, the second such incident which took place around three hours after a blast outside the headquarters of the Border Security Force's Punjab Frontier in Jalandhar.
According to the police, an investigation into both blast incidents is currently underway, and no injuries have been reported.
The first explosion happened around 8 pm in Jalandhar, while the second blast occurred at approximately 11 pm in Amritsar.
Amritsar (Rural) Senior Superintendent of Police Suhail Mir Qasim stated that police received reports of a loud sound at around 11 pm on a road in Khasa. "Our teams arrived on the scene immediately," he said.
Preliminary inspections indicated that someone had thrown an explosive device towards the boundary wall, leading to the explosion, according to the SSP.
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Police mentioned that a piece of a tin sheet covering the boundary wall had fallen as a result of the blast.
Following the explosion, a team of forensic and bomb disposal squad visited the site to collect samples.
Amritsar Rural Superintendent of Police Aditya S. Warrier, who also visited the scene, confirmed that further investigations are ongoing. Police added that a team of army officials also assessed the situation, after which the area was cordoned off.
CCTV footage from the vicinity shows the explosion occurring at night. A local villager reported that his family was awakened by the loud sound and came outside their home to see what had happened.
Before the Amritsar explosion, a blast took place outside the headquarters of the Border Security Force's Punjab Frontier in Jalandhar district around 8 pm on Tuesday, causing panic in the area.
CCTV footage captured the explosion, which resulted in a cloud of smoke. An unidentified man was seen running for cover following the blast.
The blast ripped apart a scooter, damaged a traffic signal pole and windowpanes of a nearby shop. Locals recounted that the scooter, which was parked outside the BSF headquarters, Punjab Frontier, caught fire shortly after a loud sound. It belonged to Gurpreet Singh, who regularly delivers parcels in the area.
Talking to reporters on Tuesday night, one of Gurpreet's relatives said that the scooter caught fire as he was approaching it. He immediately called his father and informed him about the incident.
Jalandhar Police Commissioner Dhanpreet Kaur confirmed to reporters late Tuesday that an Activa scooter parked near the gate caught fire suddenly. She stated that Gurpreet is fully cooperating with the investigation.
Witnesses nearby reported hearing a loud sound following the explosion.
On April 27, an explosion occurred at a freight corridor rail track in Shambhu in Patiala. Police had arrested four members of a pro-Khalistan terror module, backed by Pakistan's ISI, for the blast.
In light of these incidents, opposition parties have condemned the AAP government for its handling of the situation.
Shiromani Akali Dal (SAD) President Sukhbir Singh Badal criticised Chief Minister Bhagwant Mann, who also holds the home portfolio, over the recent blasts.
"Three blasts in 10 days, two in a single day, May 5: Jalandhar outside BSF headquarters and Sri Amritsar Sahib Army area, April 27: Rajpura rail track. Continued intelligence failures and the collapse of law and order are a matter of grave concern. Chief Minister @BhagwantMann, who is also the state Home Minister, is busy with mimicry and cheap politics. He has forfeited the right to remain in office," Badal said in a post on X.
Punjab Congress chief Amrinder Singh Raja Warring also slammed the Mann government over the two blasts.
"Back-to-back blasts have shaken Punjab. Yesterday in Jalandhar, and now near Khasa Camp in Amritsar, this is deeply alarming. Who is trying to destabilise our state? Why has the Punjab Government failed to prevent such incidents? What is the Government of India doing? Repeated lapses point to a serious breakdown of intelligence and security. Punjab's peace cannot be compromised. We demand accountability and immediate action," Warring said in a post on X.
