The Delhi Excessive Courtroom has mentioned it could be time for the nation to maneuver in the direction of a Uniform Civil Code (UCC), noting that conflicts between private legal guidelines and nationwide laws threat criminalising communities and undermining authorized certainty. The remarks got here from Justice Arun Monga whereas granting bail to a 24- yr previous man accused of marrying a woman who was 14 on the time of marriage.
Battle between private and penal legal guidelines
In keeping with courtroom information, the prosecutrix supported her husband and opposed his prosecution. Whereas Muslim private legislation treats puberty, presumed at 15 – as enough to enter into marriage, paperwork confirmed she was 14 when the wedding occurred.
Justice Monga underlined the recurring conflict: Islamic legislation might recognise such marriages, however underneath the Safety of Kids from Sexual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita (BNS), any sexual relationship with an individual under 18 is handled as statutory rape.
Add Zee Enterprise as a Most well-liked Supply
“This raises a stark dilemma – ought to total communities be criminalised for adhering to long-standing private legal guidelines?” the choose requested.
Limits of non secular freedom
The courtroom acknowledged that critics of a UCC argue it might erode spiritual freedoms assured by the Structure. However Justice Monga confused that the appropriate to practise faith can not lengthen to customs that contradict legal guidelines designed to guard youngsters.
“A practical center path may very well be to standardise core protections, comparable to prohibiting baby marriages throughout the board with penal penalties,” the order recommended, whereas permitting much less contentious private practices to evolve inside communities.
The courtroom additionally heard arguments from authorized specialists, amongst them Prof Faizan Mustafa, Vice-Chancellor of Chanakya Nationwide Legislation College, in addition to students from Jamia Millia Islamia and Woxsen College.
Justice Monga’s remarks have been made within the wider context of Article 44 of the Structure, which urges the State to work in the direction of a Uniform Civil Code – a difficulty that has remained contentious and debated for many years.
