The hope expressed in Article 44 of the Constitution that the State shall secure for its citizens Uniform Civil Code ought not to remain a mere hope: Delhi HC

While hearing a petition on the applicability of The Hindu Marriage Act, 1955 (the Act) in respect of a couple belonging to the Meena community, the Delhi High Court emphasized the need for a Uniform Civil Code stating that individuals who belong to different communities, tribes, castes or religions and solemnise their marriage “ought not be forced to struggle with issues” stemming from conflicts in various personal laws, especially with regard to marriage and divorce.

The bench directed that its judgment be communicated to the Secretary of Ministry of Law & Justice “for necessary action as deemed appropriate”. “The hope expressed in Article 44 of the Constitution that the State shall secure for its citizens Uniform Civil Code ought not to remain a mere hope.” Justice Prathiba M Singh said.

The trial court while hearing a divorce petition filed by the husband agreed with the wife’s submission that though their marriage was solemnised as per Hindu rites, the Act did not apply to them as they were members of a notified Scheduled Tribe in Rajasthan and were thus covered by exclusion under Section 2 (2) of the Act and summarily dismissed the divorce petition filed by the husband.

“If members of a tribe voluntarily choose to follow Hindu customs, traditions and rites, they cannot be kept out of the purview of the provisions of the Act. Codified statutes and laws provide for various protections to parties against any unregulated practices from being adopted. In this day and age, relegating parties to customary courts when they themselves admit that they are following Hindu customs and traditions would be antithetical to the purpose behind enacting a statute like the Hindu Marriage Act, 1955,” Justice Pratibha M Singh said while allowing the appeal filed by the husband and asked the trial court to proceed in accordance with the Act.

According to Justice Singh a Uniform Civil Code would enable application of uniform principles in respect of marriage, divorce, succession etc., so that citizens do not face trouble due to the conflicts and contradictions in various personal laws. Modern Indian society is “gradually becoming homogenous” and “traditional barriers of religion, community and caste are slowly dissipating” Justice Singh said.

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