We Should Now Realise The Need For Uniform Civil Code In Our Country: Madhya Pradesh High Court

Indore (Madhya Pradesh): While noting that the law against Triple Talaq has been enacted to give matrimonial justice and protection to women of Muslim community, Indore bench of Madhya Pradesh High Court observed, ‘We should now realise the need for a ‘Uniform Civil Code’ in our country.’

‘Muslim Women (Protection of Rights on Marriage) Bill, 2019, was passed by the Indian Parliament as a law, to make instant Triple Talaq a criminal offence. It is definitely a great move towards equality and social amendments. It took many years for lawmakers to realise that triple talaq is unconstitutional and bad for society. We should now realise the need for a ‘Uniform Civil Code’ in our country,’ Justice Anil Verma made the observation while passing a judgement on a petition related to a Triple Talaq and dowry harassment case.

The judge further noted, ‘There are a lot of other deprecating, fundamentalist, superstitious and ultra-conservative practices prevalent in the society that are clothed in the name of faith and belief. Though the Constitution of India already encapsulates Article 44 that advocates a uniform civil code for the citizens, yet the same needs to become a reality not just on paper. A well-drafted uniform civil code could serve as a check on such superstitious and evil practices and would strengthen the integrity of the nation.’

The judge made these observations on a petition filed by a woman and her daughter seeking quashing of the FIR registered at police station Rajpur, District Badwani for the offences punishable under Section 498-A, 323/34 of the IPC, Section 3/4 of the Dowry Prohibition Act, 1961 and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

The FIR was registered on the complaint of a woman who claimed that she was harassed by petitioners for dowry and given Triple Talaq by her husband. The court partly accepted the petition with quashing Section 4 of the Muslim Women Act-2019 noting that Section 3 & 4 of the Act of 2019 applies only against the Muslim husband. Therefore, the petitioners who are the mother-in-law and sister-in-law of the complainant cannot be prosecuted for the offence of pronouncement of Triple Talaq under the Act of 2019, as the aforesaid offence can only be committed by a Muslim husband.

QUOTE

"A well-drafted uniform civil code could serve as a check on such superstitious and evil practices and would strengthen the integrity of the nation."

-- Justice Anil Verma