'Is It Time To Move Towards UCC?': Delhi HC Questions Differences In Islamic Law And POCSO Act On Child Marriages

The Delhi High Court has highlighted a "recurring dispute" between Islamic personal laws and Indian national laws regarding the legality of child marriage, suggesting that the time may have come to move towards a Uniform Civil Code (UCC).

Justice Arun Monga noted a serious conflict: under Islamic law, the marriage of a minor girl can be considered valid if she has attained puberty. However, under Indian national law, specifically the Bharatiya Nyaya Sanhita (BNS) and the POCSO Act, the husband in such a marriage is considered a criminal offender.

The court described this as a "serious dilemma," questioning whether an entire community should be criminalised for following its long-standing personal laws. These comments were made while hearing a petition from a 24-year-old man accused of marrying a minor girl whose age was disputed.

The Call For Uniform Civil Code (UCC)

In its observations, the court posed a significant question: "Has the time not come for us to move towards a Uniform Civil Code (UCC), so that a single legal framework is established in which personal or customary laws do not transgress national law?"

Justice Monga emphasised that this issue requires "legal clarity" and that it is up to the legislature to decide whether to "continue declaring an entire community as criminal or to promote peace and harmony through legal certainty." The court urged that a permanent solution must come from Parliament soon.

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Balancing Religious Freedom And National Law

The court acknowledged that opponents of a UCC often warn that it could infringe upon religious freedom, which is a fundamental right. However, it clarified that this freedom cannot be so extensive that it provides a defense against criminal liability.

As a potential "practical middle path," the court suggested standardizing basic safeguards, such as establishing a clear prohibition on child marriage for all communities and defining its legal consequences, since it directly contradicts the BNS and the POCSO Act.

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