On Saturday, the Delhi High Court urges the Centre to introduce a Uniform Civil Code and said “ hope expressed in Article 44 of the Constitution that the state shall secure for its citizens a uniform civil code ought not to remain a mere hope”.
Justice Pratibha M Singh said a code “ common to all” in the country is needed and urged the central government to take necessary steps in this matter. It came to light while hearing an estranged couple’s plea for divorce where the wife has challenged the validity of the application of the Hindu Marriage Act (HMA).
Justice Singh said, “in modern Indian society, which is gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating away”.
The HC said conflicts and contradictions in the personal law should not bar the issues of marriage and divorce, citizens should be spared the struggle. The HC also highlighted the fact that “ courts have been repeatedly confronted with the conflicts that arise in personal laws”.
“ Persons belonging to various communities, castes and religion, who forge marital bonds struggle with such conflict”, HC said.
HC also noted that The Supreme Court has repeatedly highlighted the need for such a code, which would enable “uniform principles being applied in respect of aspects such as marriage, divorce, succession, etc. so that settled principles, safeguards and procedures can be laid down”, and referred to Shah Bano verdict. It said decisions were “ rendered way back in 1985 and more than 35 years have passed”.
In the Shah Bano case, The SC had observed that the state was charged with the duty of securing a Uniform Civil Code (UCC) for its citizens. It said a common UCC would help the cause of national integration by removing disparate loyalties to laws having conflicting ideologies.
The HC said “ It is unclear as to what steps have been taken in this regard till date” and directed that its order be communicated for necessary action to the secretary ministry of law & justice.
The couple belonged to Meena Community, a notified Scheduled Tribe in Rajasthan. The wife claimed that Hindu Marriage Act does not apply to that community so the husband could not take relief in the form of divorce that way. By closer scrutiny by the Delhi High Court revealed that from the start of the litigation, both parties admitted that their marriage was solemnized according to the Hindu rites. The HC said although there was no definition of Hindu, the court held that if members of tribes are Hinduised, the HMA would apply to them, and allowed the husband’s appeal.