The Madhya Pradesh High Court in one of its recent orders emphasised for the Uniform Civil Code (UCC) in India to counteract the deprecating, fundamentalist, superstitious, and ultra-conservative practices prevalent in the society that are clothed in the name of faith and belief.
The remarks were made by Justice Anil Verma who was dealing with a case of Triple Talaq and dowry.
The court said that with an aim to protect Muslim women from Tripla Talaq, Indian Parliament has passed Protection of Rights on Marriage Bill-2019 which has made instant Triple Talaq a criminal offence. Mr. Verma said that while the Bill was a great move towards equality and social amendments, it took many years for the Law makers to realise that ‘triple talaq’ is unconstitutional and bad for society.
He emphasised the urgency of realising the need for a “Uniform Civil Code” in India.
“There are a lot of other deprecating, fundamentalist, superstitious, and ultra-conservative practices prevalent in the society that are clothed in the name of faith and belief. Though the Constitution of India already encapsulates Article 44 that advocates in favour of a Uniform Civil Code for the citizens, yet the same needs to become a reality not just on paper. A well-drafted uniform civil code could serve as a check on such superstitious and evil practices and would strengthen the integrity of the nation,” the HC said.
The matter pertains to a petition filed by two women who wanted get an FIR filed against them, quashed. The two were booked for offences like seeking dowry, cruelty and causing hurt and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. The petitioners were mother-in-law and sister-in-law of a Muslim woman, who in her police complaint had alleged that she was physically and mentally harassed by her husband and the two accused. She also alleged that her husband gave her triple talaq and left her alone.
In its observation’s on the requests made in the case, the HC has said that the petitioners could not be prosecuted for the offence of pronouncement of Triple Talaq under the Act of 2019, as the aforesaid offence can only be committed by a Muslim husband and hence the offence registered under Section 4 of the Act of 2019 was quashed.
The HC has directed the local court to proceed in the trial against the petitioners in respect of the other offences.
