Need a code that is 'common to all': Delhi HC bats for Uniform Civil Code, asks Centre to take necessary steps
New Delhi | Jagran News Desk: In what could cause a political row across the country, the Delhi High Court has backed the Uniform Civil Code (UCC) in India and said that "there is the need for a code that is common to all", asking the Centre to take necessary steps in the matter.
The statement was made by Justice Pratibha M Singh on July 7, who observed that "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 modern Indian society which is gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating. 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 Singh said, as reported by Live Law.
The observation was made by the court while hearing a petition over the applicability of Hindu Marriage Act, 1955 on the Meena Community in view of the exclusion under Section 2(2) of the Act.
Earlier in 2019, the Supreme Court had also batted for the framing of a UCC in India. However, it had observed that no attempts have been made to achieve this object despite "exhortations" by the apex court. Giving the example of Goa, the top court had said that UCC is applicable to all in the state, regardless of religion "except while protecting certain limited rights".
"It is interesting to note that whereas the founders of the Constitution in Article 44 in Part IV dealing with the Directive Principles of State Policy had hoped and expected that the state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territories of India, till date no action has been taken in this regard," the top court had said, as reported by news agency PTI.
"Though Hindu laws were codified in the year 1956, there has been no attempt to frame a Uniform Civil Code applicable to all citizens of the country despite exhortations of this court...," it added.
UCC refers to a common set of laws that will govern personal matters like marriage, divorce, adoption, etc. for all people across India irrespective of the religion. At present, India has different laws -- Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, etc. -- to regulate such aspects.
Posted By: Aalok Sensharma