Delhi HC Orders Ministry of Law to Draft Uniform Civil Code

In a significant development towards uniformity among the country’s different sections, castes, beliefs and religions, Delhi’s High Court observed on Friday that there was a need to implement the Uniform Civil Code.

Declaring that the time has come to implement the Uniform Civil Code, the High Court sent the judgment to the Union Law Ministry to take the appropriate measures deemed appropriate for the establishment of the Uniform Civil Code.

The Delhi HC went on to state that the need for a uniform civil code as envisaged by Article 44 of the Constitution has been reiterated from time to time by the Supreme Court, thus calling for its implementation.

A single bench of judge Pratibha M Singh adopted the ordinance regarding the implementation of the Uniform Civil Code, regarding the governance of communities or religious or personal matters such as marriages, divorces, inheritances, adoptions, among others .

“Young Indians belonging to various communities, tribes, castes or religions who celebrate their marriage should not be forced to fight problems resulting from conflicts in various personal laws, in particular as regards marriage and divorce”, Judge Pratibha Singh. mentionned.

Judge M Prathiba Singh delivered the judgment on July 7 on a plea regarding the applicability of the Hindu Marriage Act of 1955 to parties belonging to the Meena community.

What is the Uniform Civil Code?

The Uniform Civil Code (UCC) is a proposal in India for the formulation of a law for India, which would be applicable to all religious communities in areas such as marriage, divorce, inheritance, adoption . The code falls under article 44 of the Constitution, which states that the state strives to ensure a uniform civil code for citizens throughout the territory of India, but it has not yet become a rule of law.

At present, religions and communities follow the norms and practices in accordance with the code and conduct of the respective religions, making it difficult for the courts and the rule of law to run its course when faced with to situations arising from personal disputes of citizens. Therefore, the Delhi High Court observed that it is necessary to have a common code for all citizens of the country, regardless of caste, creed, religion and other separating factors which act as constraint in the rule of law and make citizens fight for justice due to conflicts and contradictions in various personal laws.

Currently, Goa is the only state with a uniform civil code, but it does not derive from the rule of Indian law. The Portuguese Civil Code of 1867 applies to all Goans, regardless of their religious or ethnic community. Speaking in favor of the Uniform Civil Code, former Indian Chief Justice SA Bobde in March this year praised Goa’s Uniform Civil Code and encouraged academics engaged in university training to visit the state to en know more about it.

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