24 Dec 2025, Wed

Muslim personal law and conflict between Indian law! Delhi HC asked- When will Uniform Civil Code come?


During the hearing of a case in Delhi High Court, it was mentioned to implement the Uniform Civil Code. The Delhi High Court has emphasized whether the time has not come now that Uniform Civil Code should be implemented in India. On this, the court said that there is a big conflict in Muslim and Indian laws about children’s weddings.

In the case in Delhi High Court, Justice Arun Monga said that according to the Muslim law, if a girl reaches the puberty, then getting married is legal whereas under Indian criminal law, the husband becomes a criminal in such a marriage.

Delhi High Court raised important questions

The Delhi High Court raised the question whether it is right to make the society criminals just to follow their personal traditions .. Is it not the time that there should be a law that is equal for all and personal or religious laws are not above national law. The court said that the matter is entitled to parliamentary clarity and MLAs should decide whether the entire community is to be criminalized or to maintain peace with the clarity of the law for all.

Important comments of Delhi High Court

The Delhi High Court said that the protests of the UCC warns to endanger the freedom of religion, but the freedom of religion cannot be to the extent that causes crime. A practical way may be that security measures such as prohibiting marriages of children should be implemented in every community.

What is the whole matter?

This case was related to a 24 -year -old person marrying a minor girl. The girl claimed that she was 20 years old, while prosecution said that she is 15–16 years old. The court, while giving relief to the accused, said that under Muslim personal law, the girl’s marriage is considered valid till the age of 15.

The court also said that whether the marriage is valid or not, the relationship between the accused and the girl was based on consent and both were in a legitimate relationship according to their religion. The court also convicted arrest and not providing information in the judicial process. The court again emphasized the need for UCC in this complex case and said that a permanent solution can come only from Parliament/Legislature.

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