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Synopsis

The Delhi High Court on Monday issued notice on a plea seeking direction for drafting a Uniform Civil Code (UCC). The plea stated that "One Nation - One Civil Law" is a basic dictum of any socialist secular democratic republic like India, and that gender justice, gender equality & dignity of women, an integral part of Articles 14, 15 & 21, cannot be secured without a UCC.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued a notice and tagged the matter along with similar pending petitions.

Advocate Ashwini Upadhyay appearing for the petitioner informed the bench that the present petition has been filed for the drafting of a Uniform Civil Code, and fortunately now the Law Commission is also there.

The plea has been moved before the Delhi High Court by a Muslim man named Danish Eqbal seeking the implementation of a UCC. Eqbal stated that uniformity in the age of marriage, grounds of divorce, maintenance & alimony, succession, adoption, etc. is essential for gender equality. He pressed that implementation of a Uniform Code in the spirit of Article 44 is in fact essential for the achievement of these ends.

Pointing out that polygamy is an offence under Section 494 of IPC, Eqbal said there are many instances where people convert to seek the pleasure of multiple marriages. "Even though even in Islamic countries like Pakistan & Turkey, consent of the wife is essential," he added.

Eqbal also said that "Muslim parents can marry their teenage daughters because the minimum age of marriage is defined as puberty....although WHO says that pregnancy before 20 years is the root cause of many diseases and is injurious."

On the inequality in the practice of Talaq, Eqbal stated that even though "instant Triple Talaq is now void and unconstitutional but other forms of oral talaq viz. Talaq-e-Hasan and Talaq-e-Ahasan still prevail. Therefore, women are always under pressure and fear."

Regarding the issue of Stree Dhan, Eqbal stated that Muslim women are deprived of the benefits of the same, as in Muslim personal law there is no concept of the same, and "whatever articles she brings with herself during the marriage, is also enjoyed by the husband after divorce".

Making a case for the Uniform Civil Code, Eqbal said the same will truly ensure gender equality and "control fissiparous tendencies and promote fraternity, unity and national integration".

Case Title: Danish Eqbal v UOI and Ors.