Uniform Civil Code Must Become Reality: Madhya Pradesh High Court

The Madhya Pradesh High Court recently emphasized the necessity for the Uniform Civil Code (UCC) to transcend its existence on paper and become a tangible reality. In a landmark ruling, Justice Anil Verma addressed the pressing need for a UCC, citing the presence of “depreciating, fundamentalist, superstitious and ultra-conservative practices” in society that are often justified 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,” stated Justice Verma.

This pronouncement came during the adjudication of a petition seeking the quashing of an FIR filed under Section 498A of the Indian Penal Code, the Dowry Prohibition Act, and the Muslim Women (Protection of Rights on Marriage) Act, 2019. The case involved accusations by a woman against her husband, mother-in-law, and sister-in-law for harassment over dowry, physical abuse, and the pronouncement of triple talaq.

The mother-in-law and sister-in-law contested the FIR on jurisdictional grounds and argued that the provisions regarding the pronouncement of talaq applied solely to the husband. The Court concurred, quashing the charges under Section 4 (Punishment for pronouncing talaq) of the Muslim Women (Protection of Rights on Marriage) Act, 2019, against them. However, the Court ruled that the allegations of mental and physical harassment warranted consideration during trial.

“In view of the prima facie evidence available on record against the petitioners, this Court is of the considered opinion that this petition under Section 482 of Cr.P.C. deserves to be partly allowed only in respect of the offense under Section 4 of the Act of 2019. But in view of the prima facie evidence available on record, it is not a fit case where this Court can exercise the power conferred under Section 482 of Cr.P.C. to quash all other offenses registered against the petitioners,” the Court ordered.

Justice Verma also made significant observations regarding the practice of triple talaq. “Talaq is a word used in Muslim personal Law for divorce, denoting dissolution of marriage when a Muslim man severs all marital ties with his wife. Under the Muslim law, Triple Talaq simply means liberty from the relationship of marriage in an instant and irrevocable manner.

Unfortunately, this right lies only with the husband, and even if the husband wants to correct his mistake, it is the woman who has to face the atrocities of nikah halala,” he said. He noted that although the Supreme Court had declared triple talaq illegal in *Shayara Bano vs Union of India*, the formal law against it was enacted in 2019. “It is definitely a great move towards equality and social amendments. It took many years for the lawmakers to realize that triple talaq is unconstitutional and bad for society. We should now realize the need for a Uniform Civil Code in our country,” Justice Verma concluded.

Author: Anushka Taraniya
News writer