On Friday, December 9, the Kerala High Court asked the central government to seriously consider establishing a “Uniform Marriage Code” across India to promote the “common welfare and the good of spouses in matrimonial disputes”.
Notably, the uniform marriage code is a part of the Uniform Civil Code (UCC) which is a proposal to formulate and implement personal laws which apply to all citizens equally regardless of their religion, sex, gender, and sexual orientation. Currently, the personal laws of various communities are governed by their religious scriptures.
The Kerala HC bench, which included Justices A Muhamed Mustaque and Shoba Annamma Eapen, made the observation that the current legislation differentiates parties in marital relationships based on their religion.
“Today, the Family Court has become another battleground, adding to the agonies of parties seeking a divorce,” said the judges, adding that the time has come to change the law.
“The time has come for a change in the law applicable to the parties on a common uniform platform. The law differentiates parties based on religion in regard to welfare qua matrimonial relationship,” the bench observed, adding that in a secular country, legal paternalism should be founded on the common benefit of citizens rather than religion.
“The state’s concern must be to promote the welfare and good of its citizens, and religion has no place in identifying the common good,” it said while hearing the petition by a Christian couple who were seeking divorce under section 10A of the Divorce Act.
“The Union Government should seriously consider having a uniform marriage code in India to promote the common welfare and good of spouses in matrimonial disputes,” the Kerala HC said.
The decision was reached in response to a petition filed by a Christian couple who married according to religious customs in January this year. They quickly realised their marriage was a mistake, did not consummate it, and filed a joint petition for divorce in a Family Court by May under Section 10A of the Divorce Act.
The Family Court denied the petition, ruling that a one-year separation after marriage is required to continue a petition under Section 10A of the Act.
Challenging this order, both parties approached the High Court. On realising that the bar was created by a statute, the couple moved a writ petition to declare that provision unconstitutional.
BJP MP Kirodi Lal Meena tables Uniform Civil Code Bill in Rajya Sabha as a private member’s bill
Notably, only yesterday, Bharatiya Janata Party (BJP) Rajya Sabha MP Kirodi Lal Meena introduced the ‘Uniform Civil Code in India Bill, 2020’ in the Upper House of the Parliament. BJP Rajya Sabha MP presented the highly discussed Bill during private members’ business, while Vice President Jagdeep Dhankhar was ex-officio chairman, with an aim to carry forward the BJP’s promise to implement the Uniform Civil Code in the country.
The code comes under Article 44 of the Constitution which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
‘Different personal laws hamper national unity’: Centre files its first affidavit on Uniform Civil Code in SC
In October this year, the Central Government submitted its first affidavit to the Supreme Court regarding the Uniform Civil Code (UCC) and put forth many arguments in its support. In its affidavit, the government contended that varied laws inhibit national unity and the UCC divests personal law.
Earlier, the Supreme Court had urged the Centre to clarify its position on the possibility of introducing a Uniform Civil Code (UCC) throughout the country. It also requested a detailed answer from the Centre on several petitions concerning the Uniform Civil Code.
What is the Uniform Civil Code
The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, and adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
The UCC attempts to safeguard vulnerable groups, including women and religious minorities while simultaneously boosting nationalistic fervour via unity. When passed, the code will attempt to streamline laws that are now divided based on religious views, such as the Shariat law and others. The code will make the complicated laws concerning marriage ceremonies, inheritance, succession, and adoptions the same for everyone. The same civil law will then apply to all people, regardless of faith.
