NEW DELHI: Keeping the Uniform Civil Code (UCC) pot boiling, the Supreme Court on Friday sought response of the Centre to a petition by the National Commission for Women (NCW) seeking enforcement of uniform marriageable age of 18 years for women and men of all communities and making marriage of minor Muslim girls a punishable offence under the Prohibition of Child Marriage Act and Protection of Children from Sexual Offences Act.
A bench of Chief Justice DY Chandrachud and Justice PS Narasimha also sought the response of the Law Commission after hearing brief arguments from senior advocate Geeta Luthra, who appeared for NCW.
In the past, the SC had made several references to achieving the goal set in Article 44 of the Constitution, which mandated the government to strive for bringing in a UCC. In the Shah Bano case (1985), the SC had said, “A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies.”
In the Sarla Mudgal case in 1995, the SC said, “Where more than 80% of citizens have already been brought under codified personal law, there is no justification whatsoever to keep in abeyance, any more, the introduction of a Uniform Civil Code for all citizens in India.” The SC in 2003 in the John Vallamattom case, had highlighted desirability of achieving the goal set by Article 44.
The NCW cited a recent decision of the Delhi HC allowing a minor Muslim girl’s marriage on the ground that it is permitted under the Muslim personal law. It sought equal application of penal laws to Muslim women who were married off before attaining the age of majority, whether consensually or otherwise.
It said the ‘minimum age of marriage’ under various personal laws, other than Muslim personal law, is consistent and in consonance with prevailing penal laws. Under the Indian Christian Marriage Act, 1872, Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954 and Hindu Marriage Act, 1955, the ‘minimum age of marriage’ for a man is 21 years and for a woman is 18 years.
“Under the Muslim personal law, which continues to remain uncodified and unconsolidated, minors who have attained puberty are eligible to get married or on attaining the age of 15 years (in the absence of evidence). This is not only arbitrary, irrational and discriminatory but also violative of the provisions of the Pocso Act, 2012, which was enacted to protect children, particularly girls, from sexual offence,” NCW said.
A bench of Chief Justice DY Chandrachud and Justice PS Narasimha also sought the response of the Law Commission after hearing brief arguments from senior advocate Geeta Luthra, who appeared for NCW.
In the past, the SC had made several references to achieving the goal set in Article 44 of the Constitution, which mandated the government to strive for bringing in a UCC. In the Shah Bano case (1985), the SC had said, “A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies.”
In the Sarla Mudgal case in 1995, the SC said, “Where more than 80% of citizens have already been brought under codified personal law, there is no justification whatsoever to keep in abeyance, any more, the introduction of a Uniform Civil Code for all citizens in India.” The SC in 2003 in the John Vallamattom case, had highlighted desirability of achieving the goal set by Article 44.
The NCW cited a recent decision of the Delhi HC allowing a minor Muslim girl’s marriage on the ground that it is permitted under the Muslim personal law. It sought equal application of penal laws to Muslim women who were married off before attaining the age of majority, whether consensually or otherwise.
It said the ‘minimum age of marriage’ under various personal laws, other than Muslim personal law, is consistent and in consonance with prevailing penal laws. Under the Indian Christian Marriage Act, 1872, Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954 and Hindu Marriage Act, 1955, the ‘minimum age of marriage’ for a man is 21 years and for a woman is 18 years.
“Under the Muslim personal law, which continues to remain uncodified and unconsolidated, minors who have attained puberty are eligible to get married or on attaining the age of 15 years (in the absence of evidence). This is not only arbitrary, irrational and discriminatory but also violative of the provisions of the Pocso Act, 2012, which was enacted to protect children, particularly girls, from sexual offence,” NCW said.