Delhi HC backs Uniform Civil Code, says shouldn't remain 'a mere hope'

Tribune News Service
New Delhi, July 9

Noting that the modern Indian society was gradually becoming homogenous and the traditional barriers of religion, community, and caste were slowly dissipating, the Delhi High Court has said Uniform Civil Code (UCC) “ought not to remain a mere hope”.

“The youth of India belonging to various communities, tribes, castes or religions who solemnise their marriages ought not to be forced to struggle with issues arising due to conflicts in various personal laws, especially in relation to marriage and divorce,” Justice Prathiba M Singh said in a July 7 order made public on Friday.

Highlighting the fact that the need for UCC was reiterated from time to time by the Supreme Court, Justice said, “it is unclear as to what steps have been taken in this regard till date”.

The high court directed that a copy of the order be communicated to the Secretary, Ministry of Law & Justice, Government of India, for necessary action as deemed appropriate.

The case related to a couple from Meena community—a Schedule Tribe in Rajasthan. As the husband had sought divorce, the wife contended that the Hindu Marriage Act, 1955, didn’t apply to them as Meena was a notified Scheduled Tribe.

Rejecting the wife’s contention on the ground that both the parties had pleaded that their marriage was solemnised according to Hindu rites and ceremonies and they followed Hindu customs.

However, it said such cases highlighted the need for a UCC applicable to marriage, divorce, succession, etc.

This is not the first time that courts have talked about UCC. In the Shah Bano maintenance case (1985), the top court had said, “A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies”.

Again in the Sarla Mudgal case (1995), the SC said, “It appears that…the rulers of the day are not in a mood to retrieve Article 44 from the cold storage, where it has been lying since 1949”.

While dealing with a Christian divorce case in 2015,  the Supreme Court had asked the government to take a quick decision on a uniform civil code to end the confusion over personal laws.

Article 44 enjoins upon the state to work towards securing a uniform civil code across the country replacing personal laws of various religious communities. If a UCC is enacted, all personal laws will cease to exist and practices such as polygamy, triple talaq, and halala would be done away with.

Article 44 is a part of the Directive Principles of State Policy, which are not enforceable by courts. But according to Article 37, the government is duty-bound to apply these principles in making laws. The top court has been reminding the government about having a uniform civil code.

The Supreme Court had in December 2015 refused to direct the government to take a decision to have a UCC for all citizens across India.

A bench led by the then CJI TS Thakur had declined to interfere in the matter, saying it was for Parliament to make laws. “Let Parliament take a view on it,” it had said