"Gender justice, gender equality not possible without Uniform Civil Code", states plea by Muslim man in Delhi High Court

Read Time: 04 minutes

Calling for the implementation of a Uniform Civil Code (UCC) as provided for in Article 44 of the Constitution of India, a plea has been moved before the Delhi High Court by a Muslim man named Danish Eqbal stating 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.

Seeking the implementation of a UCC, Eqbal stated that uniformity in age of marriage, grounds of divorce,  maintenance & alimony, succession, adoption, etc are essential for gender equality and pressed that implementation of a Uniform Code in the spirit of Article 44 is infact essential for the achievement of these ends.

Pointing out that polygamy is an offence under Section 494 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.

Pointing out the issue of teenage marriages, Eqbal also said that, "Muslim parents can marry their teenage daughters because the minimum age of marriage is not defined puberty," "although WHO says that pregnancy before 20 years is root cause of many diseases and injurious.."

On the inequality in the practice of Talaq, Eqbal states 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 prevails. Therefore, women are always under pressure and fear."

 

Regarding the issue of stree dhan, Eqbal states 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 marriage, is also enjoyed by the husband after divorce."

Making a case for the Uniform Civil Code, Eqbal says 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.