Saturday, 10 July 2021 | PNS | New Delhi
Society becoming homogenous, it’ll reduce conflicts caused by personal laws, says court
The Delhi High Court on Friday urged the Centre to take steps to bring in a Uniform Civil Code saying the modern Indian society was “gradually becoming homogenous” and “the traditional barriers of religion, community and caste are slowly dissipating.”
The court said youth belonging to various communities, tribes, castes or religions who solemnise their marriages “ought not be forced to struggle with issues” arising due to conflicts in various personal laws, especially in relation to marriage and divorce.
The court made the observation in a petition questioning the applicability of the Hindu Marriage Act, 1955, in respect to a couple belonging to the Meena community, where wife argued that marriage was under Hindu rites and husband argued that tribal rights were applicable.
“The hope expressed in Article 44 of the Constitution that the State shall secure for its citizens Uniform Civil Code ought not to remain a mere hope. The Supreme Court had in 1985 directed that the judgment in Ms Jordan Diengdeh be placed before the Ministry of Law to take appropriate steps. However, more than three decades have passed since then and it is unclear as to what steps have been taken in this regard,” said Justice Prathiba M Singh in a judgment.
The husband in the case above had argued that the Hindu Act did not apply to them as they are members of a notified Scheduled Tribe in Rajasthan and thus they are covered by the exclusion under Section 2(2) of the Act. The trial court agreed with the woman’s submission and summarily dismissed the petition filed by her husband for divorce. However, Justice Singh in the ruling said that the marriage was conducted as per Hindu rites and the provision of exclusion is meant only to protect the customary practices of recognised tribes.
“If members of a tribe voluntarily choose to follow Hindu customs, traditions, and rites, they cannot be kept out of the purview of the provisions of the HMA, 1955. Codified statutes and laws provide for various protections to parties against any unregulated practices from being adopted. In this day and age, relegating parties to customary courts when they themselves admit that they are following Hindu customs and traditions would be antithetical to the purpose behind enacting a statute like the HMA, 1955,” the court added while allowing the appeal filed by the husband and asking the trial court to proceed in accordance with the Hindu Marriage Act in the case and decide within six months.
Justice Singh also said that the courts have been repeatedly confronted with the conflicts that arise in personal laws. Persons belonging to various communities, castes, and religions – who forge marital bonds -struggle with such conflicts, it added. The court said the cases like the present one repeatedly highlight the need “for such a code which would be common to all”.
The court also said that a common code would enable uniform principles being applied “in respect of aspects such as marriage, divorce, succession, etc., so that settled principles, safeguards and procedures can be laid down and citizens are not made to struggle due to the conflicts and contradictions in various personal laws.”
