Delhi High Court Flags Need For Uniform Civil Code; Highlights Child Marriage Conf

The Delhi High Court on Friday underscored the need for a Uniform Civil Code (UCC), calling it a requirement of the times.

Justice Arun Monga questioned whether the time had not yet arrived to implement a Uniform Civil Code, citing conflicts between Muslim personal law and Indian criminal law regarding child marriage.

The observations came while hearing a petition filed by Hamid Raza. The court noted that personal laws and criminal statutes often contradict each other.

Under Muslim law, a girl who reaches puberty can legally marry, while under Indian criminal law, the husband becomes liable for offences under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.

Delhi High Court Raises Broader Legal Dilemma

Justice Monga highlighted that the judiciary and lawmakers face a choice: either continue labelling an entire community as criminal or promote peace and social harmony through legal certainty. The court emphasised that personal laws or customs should not override statutory laws.

The court also acknowledged opposition to the UCC, noting that critics warn it could impact religious freedom, a fundamental right guaranteed by the Constitution. However, the judgment emphasised the importance of legal clarity in protecting children and ensuring justice.

The petition involves Hamid Raza, accused of marrying a minor. The girl reportedly claimed she was 20 years old, while the prosecution contends she was a minor between 15 and 16 years old. The case has reignited debates over child marriage and the need to harmonise personal laws with criminal statutes.

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