The single bench Justice Suneet Kumar of the Allahabad High Court has asked the central government to take steps for implementation of the Uniform Civil Code (UCC) across India under article 44 of the Constitution of India, Live Law reported.
The court said this on November 19 while hearing a petition filed by Mayra alias Vaishnvi Vilas Shirshikar and 16 others related to interfaith marriages. The court asked the Central government to consider setting up a panel for implementing the mandate of Article 44 regarding UCC, which says that the “state shall endeavour to secure for the citizens a Uniform Civil Code (UCC) throughout the territory of India”.
Uniform Civil Code is long due and it can’t be made voluntary: Court
The observation of the Allahabad High Court that the Uniform Civil Code is ‘long due and it can’t be made voluntary’ has kicked off a fresh debate as people have long been demanding UCC. But unfortunately for Muslim appeasement, Congress and other pseudo-secular parties always blocked the road of UCC.
Quoting B.R. Ambedkar, the justice said that UCC can’t be made ‘purely voluntary’ as observed by Ambedkar 75 years back. “It cannot be made ‘purely voluntary’ as was observed by Dr. B.R. Ambedkar 75 years back, in view of the apprehension and fear expressed by the members of the minority community,” the Court said.
The HC added, “No community is likely to bell the cat by making gratuitous concessions on this issue. It is the State which is charged with the duty of securing a UCC for the citizens of the country and unquestionably, it has the legislative competence to do so.”
HC praises Hindu family Code
The HC hailed the Hindu Family Code, saying that it acts as a Unifrom Civil Code and integrated the citizens into a united Hindu citizenry, on terms that are equal and uniform, insofar as the law regulating family laws is concerned. The HC added that the impact of HFC on the Hindu society has been phenomenal, it has transformed the traditional Hindu society and has lifted the constrictions of caste, gotra, rigid constrictions of purity etc.
UCC needed for national integration
The bench rebuffed if belief seems to have gained ground that it is for the minority community to take a lead in the matter of reforms of their personal law. “That has been the consistent official stand of the Government within the country and in international forums. A common civil code will help the cause of national integration by removing disparate loyalties to laws that have conflicting ideologies. No community is likely to bell the cat by making gratuitous concessions on this issue. It is the State which is charged with the duty of securing a uniform civil code for the citizens of the country and, unquestionably, it has the legislative competence to do so,” the judgment said.
The court added that it was the right time for the parliament to intervene and examine whether the country requires a multiplicity of marriage and registration laws or bring a ‘single family code.’
The court said that ‘single family code’ is required to protect interfaith couples who are often ‘hounded as criminals.’
Justice Suneet Kumar directed the marriage registrar to immediately register the marriage of the petitioners without insisting or waiting for approval of the competent district authority regarding conversion of faith.
The standing counsel of the Uttar Pradesh government pointed out that the registration of the marriage of petitioners was subject to inquiry by the district authority. It is because of the reason since they did not get the mandatory approval from the district magistrate before converting to the faith of their partner to solemnize their marriage.
On this, lawyers representing petitioners said that citizens have the right to choose their partner and faith and they converted out of the free will.