‘Uniform Civil Code ought not to remain a mere hope’

Favouring the introduction of Uniform Civil Code (UCC), the Delhi High Court has said the Indian youth need not be forced to struggle with issues arising due to conflicts in various personal laws in relation to marriage and divorce.

The modern Indian society was “gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating” and thus UCC “ought not to remain a mere hope”, Justice Prathiba M Singh stated in an order dated July 7.

“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,” the order said.

Shah Bano reference

While referring to several decisions of the Supreme court on the need for UCC, including the historical Shah Bano case of 1985, the court said: “The hope expressed in Article 44 of the Constitution that the State shall secure for its citizens Uniform Civil Code ought not to remain a mere hope.”

In the Shah Bano case, the apex court had said that a common civil code would help the cause of national integration by removing disparate loyalties to laws having conflicting ideologies. It had also observed that the State was charged with the duty of securing UCC for the citizens of the country.

The High Court observed that the need for UCC was reiterated from time to time by the Supreme Court, however, “it is unclear as to what steps have been taken in this regard till date”.

It 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 court was dealing as to whether the marriage between the parties who belonged to the Meena community were excluded from the ambit of the Hindu Marriage Act, 1955 (HMA).