A meticulously drafted Uniform Civil Code (UCC) could curtail superstitions and malevolent customs, fortifying the nation’s integrity, declared the Madhya Pradesh High Court.
Justice Anil Verma asserted that various degrading, fundamentalist, and ultra-conservative practices in society are often masked as faith and belief. He emphasized that while the Indian Constitution’s Article 44 advocates for a UCC, it remains largely theoretical. A robust UCC could counter these harmful practices and enhance national unity.
These observations came during a judgment on a petition seeking to quash an FIR against individuals charged under Section 498A of the Indian Penal Code, the Dowry Prohibition Act, and the Muslim Women (Protection of Rights on Marriage) Act, 2019. The complaint involved allegations of dowry harassment and physical abuse, with the husband allegedly pronouncing ‘talaq’ thrice.
The Court found that the provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019, could not be applied to the mother-in-law and sister-in-law, quashing the Section 4 offense against them. However, the charges of mental and physical harassment would proceed to trial.
The Court highlighted the severe implications of triple talaq, a practice allowing a Muslim man to instantly divorce his wife by repeating ‘talaq’ three times. Although declared illegal by the Supreme Court in the Shayara Bano case and legislated against in 2019, the judge underscored the necessity of a Uniform Civil Code to ensure equality and social justice.
The petitioners were represented by Advocate Sudhanshu Vyas, while Advocate Amay Bajaj represented the State.
