Kerala HC asks Centre to consider implementing Uniform Marriage Code

New Delhi, Dec 10: The Kerala High Court on Friday asked the Central Government to bring a law to establish a Uniform Marriage Code across India to promote the common welfare and the good of spouses in matrimonial disputes. It must be noted here that the Uniform Marriage Code is part of the Uniform Civil Code (UCC) which is a proposal to formulate and implement personal laws which apply to all citizens irrespective of religion, gender, sex or sexual orientation. Currently the personal laws of various communities are governed by their religious scriptures.

The Bench comprising Justices A Mohamed Mystique and Shoba Anamma Eapen said that the current legislation differentiates parties in marital relationships based on their religion. Today, the Family Court has become another battleground, adding to the agonies of parties seeking a divorce," the judges said.

"The time has come for a change in the law applicable to the parties on a common uniform platform. The law differentiates parties based on religion in regard to welfare qua matrimonial relationship," the Bench said. The court also adde that in a secular country, legal paternalism should be founded on the common benefits of citizens rather than religion.

While hearing a petition by a Christian couple who were seeking divorce under Section 10A of the Divorce Act, the court said that the state's concern must be to promote the welfare and good of all its citizens and religion has no place identifying the common good.

"The Union Government should seriously consider having a uniform marriage code in India to promote the common welfare and good of spouses in matrimonial disputes," the Bench observed.

The decision was reached in response to a petition filed by a Christian couple who married according to religious customs at the beginning of this year. They filed a petition for divorce in the Family Court. The Family Court rejected their petition on the ground that a one-year separation after marriage is needed to allow the petition.

Challenging this order, both parties approached the High Court on realising that the bar was created by a statute.

UCC in Rajya Sabha:

On Friday, the Bharatiya Janata Party's MP Kirori Lal Meena introduced the Uniform Civil Code in India Bill 2020 in the Rajya Sabha. There were however three motions placed to oppose the Bill, but all three were defeated through votes by 63-23.

The Bill provides for the constitution of the National Inspection and Investigation Committee for the preparation of the UCC and its implementation across the country.

On Friday when the Bill was introduced there was chaos and members of the Congress, CPI(M), Trinamool Congress protested against it. They opposed it by saying that the Bill would destroy the social fabric and unity in diversity that is prevalent in the country.

The UCC once implemented will replace the various personal laws of communities by the way of a common legislation. Many governments in the past have stayed away from the implementation fearing that it may lead to a backlash. The Supreme Court has however stepped on several occasions such as the Shah Bano, Shamim Ara and Githa Hariharan cases and spoke about the need to implement the UCC.