'Religious Activities & Worship Places Will Not Be Affected': Another Plea In Delhi High Court Seeks Uniform Civil Code

Another writ petition has been filed before the Delhi High Court seeking a direction to the Government of India to draft a Uniform Civil Code (UCC), in spirit of Article 44 of the Constitution.

Article 44 of the Constitution provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

In the alternative, the plea seeks a direction to the Law Commission to draft a UCC by including (i) uniform minimum age of marriage (ii) uniform grounds of divorce (iii) uniform maintenance & alimony (iv) uniform adoption & guardianship and (v) uniform succession and inheritance.

The plea filed by one Danish Eqbal, claiming to be a social activist, states that the above pointers are secular activities. Thus, the reliefs sought in the plea will not in any manner affect the religious activities like Puja, Namaz, Prayer, fasting, maintenance of Temple, Mosque, Church and Gurudwara and Marriage, Nikah and death ceremonies covered under Article 25 of the Constitution.

Instead, the plea highlights that UCC will:

• end the communal dislikes and strengthen tolerance across the nation;
• weed out confusion on account of multiple personal laws and save precious judicial time. "Judicial proceedings would be guided by one civil law to decide the cases relating to minimum age of marriage, grounds of divorce, maintenance and alimony, succession and inheritance, adoption and guardianship" states the plea;
• Confer property rights on both son and daughter in law, without gender discrimination.
  

The plea was mentioned today before a Bench of Chief Justice DN Patel and Justice Jyoti Singh, by the Petitioner appearing in person. He stated that being a Muslim, his sister would be most benefitted with the framing of UCC under Article 44.

Significantly, the plea highlights certain stipulations under the Muslim personal law, that put women at a disadvantageous position. It mentions:

• Muslim parents can marry off their teenage daughters because the minimum age of marriage is not defined puberty;
• Although Instant Triple Talaq is now void and unconstitutional but other forms of oral talaq viz. Talaq-e-Hasan and Talaq-e-Ahasan still prevails. Therefore, women are always under pressure and fear;
• In Muslim Personal Law, succession through 'Will' is allowed to the extent of one-third (1/3) of the property, which is irrational and arbitrary;
• In all personal laws, stridhan is protected and given to wife after divorce but in Muslim Personal law, there is no concept of stridhan and also whatever articles she bring with her during marriage, is enjoyed by the husband after divorce;
• Muslim women cannot adopt a child and does not have right to guardianship.

The development comes soon after Justice Pratibha M Singh of the Delhi High Court expressed the need for a uniform civil code while noting that the traditional barriers in the country are slowly disappearing.