The Delhi High Court has recently emphasised the urgent need for legislative clarity on the conflict between personal and statutory laws related to child marriages. In doing so, it also hinted at the broader necessity for a Uniform Civil Code (UCC).
Justice Arun Monga, while granting bail to a 24-year-old Muslim man accused of marrying a minor, observed that under Islamic law, a girl who has attained puberty may marry. However, such a union makes the husband an offender under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences Act (POCSO), he added.
The debate on UCC has gained momentum after Uttarakhand became the first state to implement it on January 27.
Gujarat has also moved ahead with its plan by constituting a five-member committee, chaired by retired Supreme Court judge Ranjana Desai, to draft a UCC for the state.
Speaking in detail about the UCC, former Uttarakhand High Court judge Justice Lokpal Singh, in an exclusive conversation with iTV Network, emphasised the need for a UCC across India, invoking the vision of Dr BR Ambedkar.
He said that during the Constituent Assembly debates, Dr Ambedkar had clearly advocated for a common civil code.
Justice Singh praised the Uttarakhand government’s recent move to implement the UCC in the state.
He called it a positive and much-needed step towards idea of equality.
He said that matters like marriage, divorce, maintenance, and property rights should be governed by uniform laws.
Justice Singh said that when the Constitution grants equal rights to all, there should also be equality in personal laws.
According to Justice Singh, the only hurdle in implementing UCC nationwide is the lack of political will.
The ban on instant triple talaq, he added, is a clear sign of progressive change.
Justice Singh also underlined the importance of making laws simple and understandable for the common man.
He said that a law truly becomes effective when it is easy to comprehend.
Former Allahabad High Court judge Justice AN Mittal has also reiterated the urgent need for a UCC.
Justice Mittal recalled that both the Supreme Court and various High Courts have, on multiple occasions, stressed the importance of such a code to ensure equality among citizens.
He cited Uttarakhand’s recent move to codify and implement the UCC in the state. He said that there has been little resistance even from minority communities, including Muslims.
Justice Mittal pointed out that when Hindu laws were codified in 1956, provisions like divorce were introduced without much opposition.
He said that Article 44 of the Constitution clearly directs the state to endeavor for a UCC.
Referring to landmark 1985 Shah Bano case, he said, the Supreme Court also emphasised the need for a uniform code.
In a reply to those opposing UCC, Justice Mittal said that resistance often comes from vested interests who exploit personal laws to deny women their rightful share in matters of property, divorce, and maintenance.
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