Delhi High Court urges Law Ministry to act on Uniform Civil Code
The Delhi High Court observed that; the values expressed in Article 44 of the Constitution which states that; ‘the State shall secure for its citizens Uniform Civil Code’ should not remain a mere hope.
The Delhi High Court observed that; with the Indian society becoming more homogeneous, the youth of India belonging to various communities, tribes, castes or religions should not be forced to grapple with issues arising due to conflicts in various personal laws, especially in relation to marriage and divorce.
Single-judge Justice Pratibha M Singh on Wednesday underscored the growing necessity to have in place a Uniform Civil Code for the country in view of the rapid transformation of Indian society with the gradual dissipation of traditional barriers of religion, community, and caste. Elaborating on the issue of conflicts arising out of personal laws, the Court recalled a judgment of the Supreme Court from 1985 in Mohd. Ahmed Khan v. Shah Bano Begum in which it was held that “a common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.”
However, despite three decades having passed, no clear steps have been taken in this regard, the High Court noted. The Court, therefore, directed that the present judgment be placed before the Law Ministry for appropriate action.
Goa is the only state in India that; has a UCC thereby having uniform personal laws governing all citizens regardless of their religion.
Recently, former Chief Justice of India SA Bobde had stated that there is a lot of academic talk about the Uniform Civil Code in present times and intellectuals who are engaged in such debates should go to Goa and observe the administration of justice in the State under the UCC which is in force in the State.
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