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SC Seeks Law Commission’s View on Buddhists Challenging Hindu Personal Law Provisions
The Supreme Court has asked the Law Commission to consider a petition from the Buddhist community, which opposes the application of certain provisions of the Hindu Personal Law to Buddhists. The Court acknowledged that these provisions may violate the fundamental rights of Buddhists. The CJI questioned the nature of the petition and referred the Law Commission to the expert body on this matter. The Court advised the Law Commission to make necessary recommendations.
The Supreme Court has asked the Law Commission to consider a petition by a Buddhist group that maintains certain provisions of Hindu Personal Law, applicable to Buddhists, are violative of their fundamental rights, including freedom of religion.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, hearing a petition filed by the Buddhist Personal Law Action Committee, asked the Law Commission to accept it as a report, stating that some existing legal provisions are against the fundamental rights and cultural practices of the Buddhist community, and thus constitutional and statutory alterations are essential.
It is noteworthy that Buddhists are also covered by laws made for Hindus, such as the Hindu Marriage Act, 1955; the Hindu Succession Act, 1956; the Hindu Minority and Guardianship Act, 1956; and the Hindu Adoptions and Care Act, 1956. In the context of these laws, Article 25 of the Constitution includes Buddhists, Jains, and Sikhs within the definition of "Hindu."
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At the commencement of the hearing, the Chief Justice questioned the nature of the petition's demands. Justice Surya Kant asked, "Do you want an order amending the Constitution and Personal Law? Have you approached any government authority?" Do you want us to now consider the Kesavananda Bharati judgment and also amend the basic structure?
The petitioner's lawyer stated that Buddhists are a distinct community and this issue has been raised several times. The bench stated that the Law Commission is the only expert body in the country and is usually headed by a former Supreme Court judge or a former Chief Justice of a High Court. The Commission would welcome your assistance.
The Law Commission can make recommendations for such constitutional amendments. The bench also noted a December 2024 letter from the Ministry of Law and Justice stating that the 21st Law Commission is considering this issue in its deliberations on the Uniform Civil Code and has sought the views of various stakeholders. The bench directed the Supreme Court Registry to send the material brought on record by the petitioner in the form of a paper book to the Law Commission for consideration.
