'Uniform Civil Code can't remain mere hope'

NEW DELHI: The Delhi High Court on Friday said there is a need for the Uniform Civil Code (UCC) to become reality so that youth of modern India belonging to various communities, tribes, castes or religions who solemnise their marriages ought not to be forced to struggle with issues arising due to conflicts in various personal laws.

The court said that 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".

A single bench of Justice Prathiba M. Singh said, the need for a Uniform Civil Code as envisioned under Article 44, has been reiterated from time to time by the Supreme Court. "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., 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", the bench added.

She said courts have been repeatedly confronted with the conflicts that arise in personal laws, and persons belonging to various communities, castes and religions, who forge marital bonds, struggle with such conflicts.

She cited that the top court in its 1985 judgment, expressing hope of bringing uniformity and to eliminate these struggles and conflicts, had said "it is also a matter of regret that Article 44 of our Constitution has remained a dead letter". It provides that "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India". (IANS)

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