Spare a serious thought for UCC, says Delhi HC
The Delhi High Court emphasized the need for a Uniform Civil Code to resolve conflicts between Islamic and Indian laws on child marriages.
The Delhi high court has sought serious consideration of a Uniform Civil Code (UCC) and underscored the urgent need for legislative clarity on the conflict between Islamic and Indian laws on the legality and criminality of child marriages.
A bench of justice Arun Monga underscored the need in a ruling delivered on Thursday, observing that though Islamic law permits marriage of a minor girl upon attaining puberty, such unions render the husband an offender, under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences Act (Pocso).
The judge said that the legislature needed to resolve this issue by either continuing with criminalisation under the existing statutes or by ensuring legal certainty, and suggested that a pragmatic path could be to standardise core protections, such as prohibiting child marriages across the board with penal consequences.
“ Should society be criminalised for adhering to long-standing personal laws? Is it not the time to move towards a Uniform Civil Code (UCC), ensuring a single framework where personal or customary law does not override national legislation?” Justice Monga asked.
He added: “A pragmatic middle path could be to standardise core protections, such as prohibiting child marriages across the board with penal consequences, as they directly conflict with both BNS and Pocso. At the same time, less contentious personal matters may be allowed to evolve gradually within respective communities. But, a lasting solution must soon come from the legislature/Parliament.”
{{/usCountry}}He added: “A pragmatic middle path could be to standardise core protections, such as prohibiting child marriages across the board with penal consequences, as they directly conflict with both BNS and Pocso. At the same time, less contentious personal matters may be allowed to evolve gradually within respective communities. But, a lasting solution must soon come from the legislature/Parliament.”
{{/usCountry}}The court delivered the verdict while dealing with a 24-year-old Muslim man’s plea seeking bail in a case registered under section 363 (kidnapping), 376 (rape) and 6 (aggravated sexual assault) of the Pocso Act, for marrying a minor girl.
{{/usCountry}}The court delivered the verdict while dealing with a 24-year-old Muslim man’s plea seeking bail in a case registered under section 363 (kidnapping), 376 (rape) and 6 (aggravated sexual assault) of the Pocso Act, for marrying a minor girl.
{{/usCountry}}The FIR was registered on June 15, 2024, by the girl’s stepfather, who reported that his daughter could not be located despite efforts to find her. It was later found out that the accused and the victim married on June 4, 2024, under Islamic law .
{{/usCountry}}The FIR was registered on June 15, 2024, by the girl’s stepfather, who reported that his daughter could not be located despite efforts to find her. It was later found out that the accused and the victim married on June 4, 2024, under Islamic law .
{{/usCountry}}Initially the FIR was registered for kidnapping, the police later charged the man with rape and aggravated sexual assault, alleging that the victim was minor at the time of marriage, which rendered their relationship and marriage illegal.
He was arrested in October last year but was granted interim bail by the high court on September 19 and regular bail on Thursday.
Professor Faizan Mustafa, an expert in Islamic law whose assistance was sought by the court, explained that Islamic law does not mandate a specific age for marriage among Muslims. He stated that the essential conditions are that both parties must have attained puberty, understand the implications of marriage, and give free consent. He also noted that in cases where minors have not yet reached puberty, their guardians are permitted to enter into a marriage contract on their behalf.
Ultimately, the court granted regular bail to the man, taking note of the victim’s unequivocal support, illegalities surrounding his arrest, prolonged delay in trial and the absence of any criminal antecedents.
UCC is one of the Bharatiya Janata Party’s (BJP) key ideological pillars,and perhaps the only unfinished item on its agenda.
Uttarakhand made history last year by becoming the first state in India to implement a UCC. Goa, which retained its Portuguese-era civil code after joining the Indian Union in 1961, remains the only other Indian state with a functioning UCC.
In February this year, the Gujarat government took a significant step towards adopting a UCC by announcing the formation of a high-level committee to examine and draft the code.
