Delhi HC defers hearing on PIL seeking public discussion on Uniform Civil Code draft

Delhi High Court on Monday deferred the hearing on the public interest litigation (PIL) seeking direction to the Central government to draft a Uniform Civil Code (UCC) and publish the draft on its website for a larger public discussion.

The matter was scheduled for hearing today but the court deferred the matter for March 23 as it had recently decided to restrict its functioning to urgent matters in a bid to prevent the spread of coronavirus.

The petition, filed by social activist Danish Eqbal, sought that Uniform Minimum Age of Marriage, Uniform Grounds of Divorce, Uniform Maintenance & Alimony, Uniform Succession and Inheritance, Uniform Adoption and Guardianship should be included in the UCC.

The plea said that polygamy is an offense under Section 494 of the Indian Penal Code (IPC) but there are many instances where people converted to seek the pleasure of multiple marriages.

It said that 'One Nation, One Civil Law' is the basic dictum of any socialist secular democratic republic and added that Article 37 inter-alia says that Directive Principles are nevertheless fundamental in the governance of the country and it is the duty of the state to implement Article 44 in letter and spirit.

The petition stated that Muslim parents can marry their teenage daughters because the minimum age of marriage is not defined.

"Although the Instant Triple Talaq is now void and unconstitutional, other forms of oral talaq, viz., Talaq-e-Hasan and Talaq-e-Ahasan still prevail. Therefore, women are always under pressure and fear," it added.

The plea said that in all personal laws, 'Stridhan' is protected and given to wife after divorce but in the Muslim Personal Law, there is no concept of 'Stridhan' and also whatever articles she brings with her during the marriage, is enjoyed by the husband after divorce.

It said that Muslim women cannot adopt a child and do not have the right to guardianship.

The plea also advocates for the UCC stating that the countrywide application will end the multiple personal law application and will end the dislike or hatred and strengthen tolerance across the nations.

"Judicial proceedings would be guided by one civil law to decide the cases relating to a minimum age of marriage, grounds of divorce, maintenance and alimony, succession and inheritance, adoption and guardianship," it added.