DNA Exclusive: Is it the right time to implement Uniform Civil Code? Here's why

Zee News Editor-in-Chief Sudhir Chaudhary on Friday (July 9) discussed how the Delhi High Court has backed the need for a Uniform Civil Code in India and asked the Centre to take the necessary steps in this matter.

New Delhi: Ever wondered why the laws in our country are different for different people while everyone's DNA stands the same. Why are the laws of marriage, divorce, and real estate not the same for every citizen in our country, even after 73 years of independence? The Delhi High Court, in a very revolutionary decision, backed the need for a Uniform Civil Code observing that there is a need for a Code - 'common to all' in the country and asked the central government to take the necessary steps in this matter. 

Favouring the introduction of the Uniform Civil Code, the Delhi High Court said the Indian youth need not be forced to struggle with issues arising due to conflicts in various personal laws in relation to marriage and divorce. In an order dated July 7, Justice Prathiba M Singh stated that the modern Indian society was gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating and thus UCC ought not to remain a mere hope. 

Imagine when students from every section of the society go to school, they are given the same uniform, appear for same examinations and rules of the school or educational institutions apply the same to everyone. Considering this, shouldn't the same equality be applied in the laws of the country as well? Why are these laws different on the basis of religions and castes? Constitutionally, we call ourselves a secular country but there is discrimination on the basis of religion when it comes to our own law of our own country. Here in this segment of DNA, we will once again raise the decades-old demand for the introduction of the Uniform Civil Code.

First of all, we bring the details of the case to you. Every time, there has been a debate on the introduction of the Uniform Civil Code in the country, or courts passed a remark on it, propaganda was spread by categorising this subject as against a particular religion. 

The court was dealing as to whether the marriage between the parties who belonged to the Meena community were excluded from the ambit of the Hindu Marriage Act, 1955 (HMA). When the husband sought a divorce, the wife contended that HMA did not apply to them as Meena community was a notified Scheduled Tribe in Rajasthan. The court rejected the wife's stand and said that cases like the present one highlight the need for such a Code - 'common to all', which would enable uniform principles being applied in respect of aspects such as marriage, divorce, succession etc.

It recorded that since the inception of the litigation, both parties have pleaded that their marriage was solemnised according to Hindu rites and ceremonies and they follow Hindu customs. The same, the court noted, as reflected in several documents including the marriage invitation and complaint filed under domestic violence act. The court said that although there was no definition of Hindu, the Supreme Court has held that if members of Tribes are Hinduised, HMA would be applicable to them. The court also stated that there nothing was placed before it to show that the Meena community Tribe has a specialised Court with proper procedures to deal with these issues.

Here, you can also understand from this whole matter that why does the country need equal laws for all religions and castes? If there was a Uniform Civil Code Act in India today, then this matter would not have been so complicated and the judiciary would not have been burdened with such matters.