Is a Uniform Civil Code (UCC) Needed Now?
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Synopsis
The Delhi High Court's recent observations on the Uniform Civil Code (UCC) call for immediate legislative clarity. The court questions the existing conflicts between personal laws and national statutes, urging for a balanced approach that protects children while respecting religious practices.
Key Takeaways
- The Delhi High Court has called for a need for clarity in the Uniform Civil Code (UCC).
- Legislative measures are needed to balance personal laws with national statutes.
- Conflicts between Islamic law and Indian criminal law raise significant legal dilemmas.
- A pragmatic approach could standardize core protections against child marriage.
- Discussions on Article 44 of the Constitution are ongoing.
New Delhi, Sep 26 (NationPress) In a pivotal observation regarding the Uniform Civil Code (UCC), the Delhi High Court has emphasized the pressing requirement for legislative clarity to prevent personal or customary laws from taking precedence over national legislation.
“Isn't it time to adopt a Uniform Civil Code (UCC), ensuring a unified framework where personal or customary laws do not take precedence over national statutes? [T]he Legislature must determine whether to continue criminalizing entire communities or to foster peace and harmony through legal certainty,” remarked a single-judge Bench led by Justice Arun Monga, while granting bail to a 24-year-old man accused of marrying a minor under Islamic personal law.
The prosecutrix herself supported her husband and opposed his prosecution; however, official documents revealed she was merely 14 at the time of marriage.
According to Islamic law, puberty (assumed at 15) is regarded as sufficient for a valid marriage contract. Conversely, under penal laws such as the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita (BNS), any sexual relationship with an individual under 18 is classified as statutory rape.
“This recurring conflict is evident – under Islamic law, a minor girl who reaches puberty may marry lawfully, but under Indian criminal law, such a marriage renders the husband an offender under the BNS and/or POCSO or both,” noted Justice Monga.
This raises a profound dilemma: should an entire community be criminalized for adhering to long-standing personal laws? The judgment recognized that opponents of the UCC warn against uniformity, stating that it may undermine the religious freedom guaranteed by the Constitution. However, Justice Monga stressed that the freedom of religion cannot extend to practices that contradict laws established to protect children and vulnerable individuals.
“A practical middle ground could involve standardizing core protections, such as prohibiting child marriages universally with legal repercussions, as these directly conflict with both BNS and POCSO. Meanwhile, less contentious personal matters might be permitted to evolve gradually within their respective communities,” the judgment proposed.
Before reaching a conclusion, Justice Monga considered extensive arguments from experts in Islamic law, including Prof. Faizan Mustafa, Vice Chancellor of Chanakya National Law University, along with academics from Jamia Millia Islamia and Woxsen University. These remarks surface amid ongoing discussions regarding Article 44 of the Constitution, which mandates the State to strive for a UCC.
Point of View
It is crucial to recognize the evolving legal landscape in India. The Delhi High Court's emphasis on the Uniform Civil Code (UCC) highlights a pressing need for legislative clarity that balances community practices with national laws, aiming for a legal framework that upholds the rights of the vulnerable while respecting cultural diversity.
NationPress
26/09/2025
Frequently Asked Questions
What is the Uniform Civil Code (UCC)?
The UCC aims to replace personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen.
Why is the UCC needed?
The UCC is essential to ensure legal uniformity and prevent personal laws from undermining national legislation, particularly in protecting vulnerable populations.
How does the UCC impact personal laws?
The UCC would standardize personal laws, addressing conflicts between various community practices and national laws, particularly concerning issues like child marriage.
What are the arguments against the UCC?
Opponents argue that the UCC risks eroding religious freedoms guaranteed by the Constitution and may not consider the diversity of personal laws.
What did the Delhi High Court say about the UCC?
The Court emphasized the need for legislative clarity to prevent personal laws from overriding national laws and considered the implications for communities adhering to traditional practices.
