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Synopsis

The Delhi High Court has directed the Ministry of Law and Ministry of Home Affairs to file their respective responses on a plea seeking direction for drafting of a Uniform Civil Code (UCC) by the Law Commission.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad has granted 6 weeks' time for the Ministries to respond on giving the drafting of UCC to the Law Commission.

The bench was hearing a batch of petitions filed by Advocate Ashwini Kumar Upadhyay, Danish Eqbal, and others seeking implementation of a UCC.

One of the plea stated that uniformity in the age of marriage, grounds of divorce, maintenance & alimony, succession, adoption, etc. is essential for gender equality. The petitioner pressed that implementation of a Uniform Code in the spirit of Article 44 is, in fact, essential for the achievement of these ends.

Advocate Ashwini Kumar Upadhyay appearing in the matter submitted that he examined the last 70 years' reports of the Law Commission, and found that only 15 reports were prepared on the direction of the Centre and other reports were either suo moto or on the direction of the Court.

In view of the above, the bench sought the responses of the Ministry.

Further, 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: Ashwini Kumar Upadhyay Vs. Union of India & Anr | Danish Eqbal v UOI and Ors.