Delhi High Court Highlights Need for Uniform Civil Code to Address Conflicts in Personal Laws

Justice Arun Monga of the Delhi High Court has reiterated the need for implementing a Uniform Civil Code while highlighting the conflict in Islamic and Indian laws and the legality of child marriages.

While under Islamic law, a girl becomes of marriageable age on attaining puberty, under Indian criminal law, such a marriage calls for liability towards the husband as an offender under relevant sections of the BNS and/or POCSO Act.

The Bench held that by moving towards a Uniform Code for all religions, there would exist a common framework where personal and customary law would not override national legislation.

[Hamid Raza v State of NCT of Delhi]