Prayagraj: dealing with batch 17 petitions related to interfaith marriage contracted by the applicant and seeking protection from the court, the Allahabad High Court on Thursday called the central government to consider the panel to implement the mandate of Article 44, which said that “the state will try to secure Residents with civil code uniforms throughout India.
” The court also directed the Petitioner District Marriage / Official registrar to immediately register the Petitioner’s marriage without insisting / awaited the approval of the competent district authority in connection with the conversion of faith.
Justice Sunete Kumar, who passed the order while allowing the petition submitted by one mayra alias Vaishnivi and 16 others related to the interfaith marriage contracted by the applicant, hereinafter referred to as the Union Government to begin the process.
“The uniform civil code (UCC) is a must and must be mandator today.
It cannot be made voluntarily as observed by Dr.
Br Ambedkar 75 years ago, given the concerns and fears expressed by members of the minority community.
The stage has been Reaching that parliament must intervene and check whether the country needs the number of marriage laws and registration or parties for marriage must be carried under the umbrella of a single family code, “the court observed.
“Marriage is only the association of two people, recognized by law,” the next court was added.
The court, in an effort to imagine the possibility of the influence of the Uniform Civil Code (UCC) in the Indian population if implemented, referring to the Hindu family code (HFC), which in the opinion of the court, acts as a uniform civil code and integrates citizens to become an integrated Indian citizen and unite, with the same term and uniform, as far as the law governing related family law.
Stressing that the HFC impact on the Hindu society has been phenomenal, the court argues that HFC has not penetrated habits, culture, practices, and deployment of minuscule minorities, namely, Sikh, Buddha and Jain, including in the Definition of Hinduism.
HFC can be said as UCC that regulates Hindus and the community, falls in ambit and the definition of Hindus and it covers and has more than 80% of the population.
Significantly, the court noted that HFC put the foundation of changing traditional Hindu communities, and the law lifted and transported Hindu personal law from Shastra / Religion and placed it in the parliamentary domain.
“Parliament through HFC in one blow as long as the legal platform where Hindus can interact with each other with the same term regardless of caste, teak, creed, gotra, and the concept of purity, pollution in marriage and meal.
HFC has been largely.
Instrumental, (Apart from other factors, education, mobility, health services), in facilitating and creating what is called sociologist as a Hindu social class and or Hinduism, “said the court.
The applicant is the department and one party in marriage has been converted into religion / faith in his partner.
The applicant has captured their threat to life, freedom, and welfare.
Therefore, they have submitted a request for a warrant that seeks to protect and registration of their marriage.
Main observation: UCC problems, although constitutional, sweeps political shows every time raised or debated in the public domain and calls for its implementation after the number of marriages and family laws.
Trust seems to have obtained land that it is for a minority community to lead in terms of their personal law reform.
It has become an official argue of the government that is consistent in the country and in international forums.
The public civil code will assist the cause of national integration by eliminating different loyalty with laws that have conflicting ideologies.
There is no community that will ring cats by making free concessions about this problem.
This is a country assigned with the task of securing a uniform civil code for citizens and, no doubt, it has legislative competence to do so.