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Delhi HC backs Uniform Civil Code, says Indian society becoming 'homogeneous'

The Delhi HC said that 'there is the need for a Uniform Civil Code - ‘common to all' in the country noting that the modern Indian society is gradually becoming 'homogeneous' (HT_PRINT)Premium
The Delhi HC said that 'there is the need for a Uniform Civil Code - ‘common to all' in the country noting that the modern Indian society is gradually becoming 'homogeneous' (HT_PRINT)

  • A Uniform Civil Code essentially provides for one law for the entire country, applicable to all religious communities in their personal matters
  • Justice Prathiba M Singh, who passed today's judgement observed that courts have been repeatedly confronted with the conflicts that arise in personal laws

The Delhi high court on Friday backed the need for a Uniform Civil Code (UCC) and asked the Centre government to take the necessary steps in this matter.

The Delhi HC said that "there is the need for a Code - ‘common to all' in the country noting that the modern Indian society is gradually becoming "homogeneous", dissipating 'traditional barriers' of religion, community, and caste.

A Uniform Civil Code essentially provides for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.

Currently, different laws regulate these aspects for adherents of different religions, for example, Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, Parsi Marriage and Divorce Act. However, Muslim personal laws are not codified and are based on their religious texts.

The Delhi high court said a Uniform Civil Code in India, as envisioned under Article 44 of the Constitution, would enable uniform principles to be applied in matters of marriage, divorce, and succession. This will reduce conflicts and contradictions within the society that arise from various personal laws.

Justice Prathiba M Singh, who passed today's judgement observed that courts have been repeatedly confronted with the conflicts that arise in personal laws.

"The youth of India belonging to various communities, tribes, castes, or religions who solemnise their marriages ought not to be forced to struggle with issues arising due to conflicts in various personal laws," Justice Singh said.

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