New Delhi, July 9
Favouring the introduction of Uniform Civil Code (UCC), the Delhi High Court has said the Indian youth need not be forced to struggle with issues arising due to conflicts in various personal laws in relation to marriage and divorce.
SC favouring civil code for long
1985: In Shah Bano maintenance case, the SC said, “A common civil code will help the cause of national integration”
1995: In Sarla Mudgal case, the SC said, “It appears the rulers are not in a mood to retrieve Article 44 from the cold storage”
2015: Dealing with a Christian divorce case, the SC asked the government to take a quick decision on UCC
It said the modern Indian society was gradually becoming homogenous and the traditional barriers of religion, community and caste were slowly dissipating. The UCC ought not to remain a mere hope,” Justice Prathiba M Singh said in a July 7 order made public on Friday.
The HC said the need for UCC was reiterated from time to time by the SC, but “it is unclear as to what steps have been taken in this regard till date”. The case related to a couple from Meena community – an ST in Rajasthan. As the husband had sought divorce, the wife contended that the Hindu Marriage Act, 1955, didn’t apply to them as Meena was a notified ST.
The court said such cases highlighted the need for
a UCC. Earlier in the Shah Bano case (1985), the top court had said, “A common civil code will help remove disparate loyalties to law which have conflicting ideologies.” In the Sarla Mudgal case (1995), the SC said, “It appears that…the rulers of the day are not in a mood to retrieve Article 44 from the cold storage where it has been lying since 1949.” — TNS