Appropriate time for implementation of uniform civil law in the country: High Court

New Delhi, Dt

The country is now breaking the conservative mindset, all societies are coming closer. In today's India, the boundaries of religion and caste are rapidly breaking down. Interracial and interracial marriages and divorces are on the rise. In such a time, it is the right time to apply the Uniform Civil Code to the country, the Delhi High Court said in a divorce judgment. Mentioning that the Supreme Court had given directions in this regard in 19, the Delhi High Court has also recommended the Central Government to take steps in this direction. The High Court added that the courts are also facing many problems along with the youth due to personal laws of different religions and castes. Therefore, it is time to implement the same Civil Code under Article 7 of the Constitution.

Delhi High Court Judge Pratibha M Singh on July 9 in a divorce case between a Meena woman and her Hindu husband stressed the need to apply the Uniform Civil Code in the country. The High Court said that the boundaries of religion and caste in the country are rapidly being removed. Due to this rapid change in society, inter-religious and inter-caste marriages and divorces are on the rise among the youth. At the time of divorce, young people are facing many problems due to personal laws of different religions and castes. Young people cannot be forced to face the problems arising from the ongoing conflict in the personal law of different religions and castes.

Judge Pratima Singh said that Article 4 of the Constitution also expressed hope for a uniform civil code. Now this should result in the fact that it is not just hope. In addition, the Supreme Court has also insisted on the implementation of the same civil code from time to time since 19. A common civil law, the same for all, and the same law applies to matters such as marriage, divorce and inheritance. Such a uniform civil law would reduce strife and contradictions in society. Conflicts arising out of different personal law problems can also be overcome in the courts.

The apex court had in March last year sought an answer from the central government on the issue of religion-neutral inheritance and succession laws in India. Supreme Court lawyer and BJP leader Ashwini Upadhyay has managed to file five such petitions in the Supreme Court, which is seen as a preparation for a uniform civil code in the country. Recently former Chief Justice S. a. Bobade also praised Goa’s similar civil law. S.A. Speaking on the occasion of the inauguration of the High Court building in Goa when Bobade was a CJI, he said that Goa already had the same civil law that the framers of the constitution had envisioned.

At the time of Shahbaz's case in the year 19, the same civil law was in the news. The Supreme Court had ordered the ex-husband to pay alimony after the divorce. In its judgment in the case, the court said the same civil law should apply to personal law. In addition, the BJP has repeatedly spoken of implementing its three main agendas coming to power. With the implementation of the two main agendas for the construction of the Ram temple and the removal of Article 70 from Jammu and Kashmir, there is now hope that the Modi government will meet the agenda of implementing the BJP's third uniform civil code.

What is a divorce case?

The Delhi High Court has recommended that the same civil code be applied in the divorce case of a Meenajati woman and her Hindu husband. In this case, the husband wants a divorce under the Hindu Marriage Act while the wife said that she belongs to the Meena community. Therefore, the Hindu Marriage Act does not apply to it. The wife demanded that the divorce petition filed by her husband in the Family Court be rejected. Her husband had filed an application in the High Court challenging his wife's argument. The High Court had accepted the husband's application. The High Court also said in its judgment that the judgment should be sent to the Law Ministry so that the Law Ministry can also consider it.

What is the same civil law?

Part-III of the Constitution gives details of policy guiding principles to the State. Articles 6 to 21 of the Constitution give instructions to the states on a number of issues. It is hoped that Article 7 directs the state to create a uniform civil code for all religions at the appropriate time. Under the same civil law in the country, in matters like marriage, divorce, adoption, inheritance, inheritance, it is a matter of applying the same law for all citizens irrespective of any religion or caste in the country. At present, the country has different laws for different religions and castes, including the Hindu Marriage Act, the Hindu Succession Act, the Indian Christian Marriage Act, the Indian Divorce Act, the Parsi Marriage Act and the Divorce Act, as well as the Muslim Personal Law. However, Muslim personal law is not codified, it is based on their religious texts.