(With a box on the main observation) Prayagraj: dealing with batch 17 petitions related to the interfaith of marriage contracted by the Applicant and seeking protection from the court, the High Court of Allahabad on Thursday called the central government to consider carrying out the mandate of article 44, which said “the state will try to secure citizens with civil code uniforms throughout the Indian region “.
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.
“Uniform civil code (UCC) is a must and must be required at this time.
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 reached that Parliament must intervene and check whether the state requires the number of marriage law and registration or parties for marriage must be carried under the umbrella of a single family code, “the court was 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 uniform civilian court (UCC) in the Indian population if implemented, referring to the Hindu family code (HFC), which in the opinion of the court, acted as the Criminal Code and integrated citizens into an integrated Indian citizen and United, with the same conditions and uniform, as far as the law governing relating family laws.
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 a legal platform where Hindus can interact with each other in the same term regardless of caste, teak, crisis, gotra, and the concept of purity, pollution in marriage and eat.
HFC is mostly instrumental, ( Apart from other factors of higher 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.
Box: Main Observation | The UCC problem, 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.
Look ..
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.
Look ..
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.
Uniform civil code for a necessity; Cannot be made voluntary: HC
