Supreme Court bench led by Chief Justice of India TS Thakur declined to entertain a public interest litigation demanding bringing of a uniform civil code in the country on Monday telling the petitioner that the power to do so remains with parliament and not the judiciary, reported The Times of India.

The petitioner Ashwini Upadhayay was represented by four senior advocates including Gopal Subramanium and Mohan Parasaran who relied on Directive Principles in the Constitution as well as case laws where the Supreme Court has insisted on introduction of the Uniform Civil Code.

The bench of TS Thakur and Justices AK Sikri and R Banumathi were unmoved by petitioner and said that heavy costs would be imposed on him if he continued with the petition. The bench said: “Sarla Mudgal case is the best that you can refer to in support of the PIL Article 44 is a constitutional goal. Are courts equipped and empowered to enforce constitutional goals? It reflects the hopes of Constitution makers. But hopes will remain in the realm of hope unless Parliament decides to convert them into enforceable rights.”

“The Supreme Court has consistently declined to go into it. The moot question is can Supreme Court convert a Directive Principle into fundamental right? It is for Parliament to take a call on it. What cannot be done directly, cannot be done indirectly through the courts.”

The bench however provided hope to Muslim women and observed that if and when a Muslim woman comes to the court and challenges triple talaq, it would be examined by the court and also said that no woman from a Muslim community has questioned the practice of triple talaq till now.

The petition was withdrawn by the petitioner’s advocate.