Delhi High Court Calls for Uniform Civil Code Amid Conflicts Over Child Marriage Laws

The Delhi High Court has emphasized the need for a Uniform Civil Code (UCC) to address conflicts between personal laws and national legislation, particularly in cases involving child marriage. On September 23, Justice Arun Monga raised this issue while hearing a bail plea for Hamid Raza, who had been jailed for over 11 months on charges of rape under the POCSO Act after marrying a minor girl. The girl, previously abused by her stepfather, had a child before marrying Raza. The stepfather, now on trial, filed the case against Raza post-marriage.

Justice Monga highlighted the recurring legal conflict between Islamic law, which permits minors who have reached puberty to marry, and Indian criminal law, which criminalizes such actions. He acknowledged the social dilemma between respecting personal laws and enforcing national law but called for legislative clarity from Parliament to resolve the conflict and promote social harmony. While recognizing concerns about religious freedom, the court stated that such freedoms should not justify actions that attract criminal liability. Granting bail, the court noted that under Muslim personal law, the girl’s marriageable age was presumed met and that the relationship was consensual, akin to a live-in partnership.