NEW DELHI: The Uniform Civil Code was back on the fruntburner with a Delhi High Court judge directing the Centre to take necessary measures to implement it. The order came in response to a question on the applicability of the Hindu Marriage Act, 1955 to members of the Meena community. While the verdict was delivered on July 7, it was made public on Friday.
Justice Prathiba M Singh said the Indian society is gradually becoming more and more homogeneous, and traditional barriers such as religion, community, and caste are dissipating. As such, a uniform civil code is in order, she said.
A Uniform Civil Code provides for a uniform law for the entire country, applicable to members of all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc. Currently, different religious laws like Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act etc regulate these matters. Muslim personal laws are not codified and are based on their religious texts.
In the 27-page judgment, Justice Singh observed that courts have repeatedly been confronted with conflicts that arise out of a clash of personal laws. People belonging to various communities, castes, and religions, who forge marital bonds, struggle with such conflicts.
“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,” Justice Singh said.
“Such a civil code would be common to all,” the court said. It will lead to uniform laws being applied in matters of marriage, divorce, and succession, across religious communities. This will reduce conflicts and contradictions that arise from the multiplicity of personal laws, the court observed.
‘UCC should not remain mere hope’
The hope expressed in Article 44 of the Constitution that the State shall secure for its citizens Uniform Civil Code should not remain a mere hope, the Delhi High Court noted