Delhi HC also backs UCC, urges govt to take nacessary action

Earlier Supreme Court and now the Delhi High Court has favoured the introduction of Uniform Civil Code (UCC). The 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.The modern Indian society was "gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating" and thus Uniform Civil Code "ought not to remain a mere hope", Justice Prathiba M Singh said in her July 7, 2021 order.  

"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, especially in relation to marriage and divorce," the order said. While referring to several decisions of the Supreme court on the need for Uniform Civil Code, including the historical Shah Bano case of 1985, the high court said: "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."

The high court observed that the need for Uniform Civil Code was reiterated from time to time by the Supreme Court, however, "it is unclear as to what steps have been taken in this regard till date". It directed that a copy of the order be communicated to the Secretary, Ministry of Law & Justice, Government of India, for necessary action as deemed appropriate. The court was dealing as to whether the marriage between the parties who belonged to the Meena community were excluded from the ambit of the Hindu Marriage Act, 1955 (HMA). When the husband sought divorce, the wife contended that Hindu Marriage Act did not apply to them as Meena community was a notified Scheduled Tribe in Rajasthan. The court rejected the wife's stand and said that cases like the present one "highlight the need for such a Code - 'common to all', which would enable uniform principles being applied in respect of aspects such as marriage, divorce, succession etc."