Prayagraj: Dealing with a batch of 17 petitions related to inter-religious marriage contracted by the petitioners and seeking protection from the court, the Allahabad High Court on Thursday asked the central government to consider setting up a panel to implement the mandate of Article 44. called upon. says that “the state shall endeavor to secure for the citizens” uniform civil code in the whole area of India”.
The court also directed the marriage registrar/officer of the petitioner districts to register the marriage of the petitioners forthwith without requesting/waiting for the approval of the competent district authority regarding conversion.
Justice Suneet Kumar, who passed the order admitting the petitions filed by Myra alias Vaishnavi and 16 others relating to inter-religious marriages contracted by the petitioners, further called upon the central government to initiate the process as the stage has been reached.
“Uniform Civil Code (UCC) is a necessity today and is essential. It cannot be made completely voluntary as seen by Dr BR Ambedkar 75 years ago in view of the apprehension and fear expressed by the members of the minority community. The situation has come that Parliament should intervene and examine whether the country needs plurality of marriage and registration laws or the parties to the marriage should be brought under the umbrella of the Nuclear Family Code,” the court said. .
The court further said, “Marriage is a union of only two persons, which is recognized by law.”
court, in an attempt to envisage the possible impact of Uniform Civil Court (UCC) if applied to the Indian population, refers to Hindu Family Code (HFC), which, in the opinion of the Court, acted as a Uniform Civil Code and unified the citizens into a unified and united Indian citizenship, which is equal and equal, in so far as the laws regulating family law With relation to.
Emphasizing that the impact of the HFC on Hindu society has been unprecedented, the court observed that the HFC has not encroached upon the religious practice, culture, custom and promotion of minorities, i.e. Sikhs, Buddhists and Jains, as defined in the Are included. Hindu. The HFC can be termed as the UCC governing Hindus and communities, which comes under the purview and definition of Hindu and it covers and affects more than 80% of the population.
Importantly, the court noted that the HFC laid the foundation for the transformation of traditional Hindu society, and the laws placed Hindu personal law in the domain of Parliament by removing the scripture/religion.
“In a jiffy, Parliament through HFCs provided a legal platform where Hindu citizens could interact with each other on equal terms despite rigid caste, caste, creed, gotra and concepts of purity, marriage and pollution in food. HFCs have been largely instrumental, (among other factors such as education, mobility, health services) in facilitating and creating what sociologists refer to as a Hindu social class and/or a Hindu citizen,” the court observed. noted.
The petitioner was the principal and one of the parties to the marriage had converted to the religion/belief of his partner. The petitioners had feared threats to their life, liberty and welfare. Therefore, they filed a writ petition seeking protection and registration of their marriage.
The court also directed the marriage registrar/officer of the petitioner districts to register the marriage of the petitioners forthwith without requesting/waiting for the approval of the competent district authority regarding conversion.
Justice Suneet Kumar, who passed the order admitting the petitions filed by Myra alias Vaishnavi and 16 others relating to inter-religious marriages contracted by the petitioners, further called upon the central government to initiate the process as the stage has been reached.
“Uniform Civil Code (UCC) is a necessity today and is essential. It cannot be made completely voluntary as seen by Dr BR Ambedkar 75 years ago in view of the apprehension and fear expressed by the members of the minority community. The situation has come that Parliament should intervene and examine whether the country needs plurality of marriage and registration laws or the parties to the marriage should be brought under the umbrella of the Nuclear Family Code,” the court said. .
The court further said, “Marriage is a union of only two persons, which is recognized by law.”
court, in an attempt to envisage the possible impact of Uniform Civil Court (UCC) if applied to the Indian population, refers to Hindu Family Code (HFC), which, in the opinion of the Court, acted as a Uniform Civil Code and unified the citizens into a unified and united Indian citizenship, which is equal and equal, in so far as the laws regulating family law With relation to.
Emphasizing that the impact of the HFC on Hindu society has been unprecedented, the court observed that the HFC has not encroached upon the religious practice, culture, custom and promotion of minorities, i.e. Sikhs, Buddhists and Jains, as defined in the Are included. Hindu. The HFC can be termed as the UCC governing Hindus and communities, which comes under the purview and definition of Hindu and it covers and affects more than 80% of the population.
Importantly, the court noted that the HFC laid the foundation for the transformation of traditional Hindu society, and the laws placed Hindu personal law in the domain of Parliament by removing the scripture/religion.
“In a jiffy, Parliament through HFCs provided a legal platform where Hindu citizens could interact with each other on equal terms despite rigid caste, caste, creed, gotra and concepts of purity, marriage and pollution in food. HFCs have been largely instrumental, (among other factors such as education, mobility, health services) in facilitating and creating what sociologists refer to as a Hindu social class and/or a Hindu citizen,” the court observed. noted.
The petitioner was the principal and one of the parties to the marriage had converted to the religion/belief of his partner. The petitioners had feared threats to their life, liberty and welfare. Therefore, they filed a writ petition seeking protection and registration of their marriage.
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