The Delhi High Court raises concerns over conflicts between personal and criminal laws, asking, “Is it not the time to move towards a Uniform Civil Code?” Explore legal clarity and reforms.
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NEW DELHI: The Delhi High Court recently reignited the debate on the need for a Uniform Civil Code (UCC), emphasizing the importance of ensuring that personal or customary laws do not override national legislation. The remarks came during the hearing of the bail plea of Hamid Raza, charged under IPC Section 376 and the POCSO Act for marrying a minor girl, who had been allegedly sexually abused by her stepfather.
Religious Law vs National Law
Justice Arun Monga highlighted a strong conflict under Islamic law, a minor girl attaining puberty may legally marry, whereas Indian criminal law criminalizes such a marriage. This raises a fundamental question: should society be criminalized for adhering to long-standing personal laws?
“Is it not the time to move towards a Uniform Civil Code (UCC), ensuring a single framework where personal or customary law does not override national legislation,”
the Court asked.
The Court underscored that while opponents argue UCC may erode religious freedom guaranteed under the Constitution of India, such freedoms cannot justify practices that expose individuals to criminal liability.
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Justice Monga suggested a middle path:
- Standardize core protections like prohibiting child marriages, which conflict directly with IPC/BNS and the POCSO Act.
- Allow less contentious personal matters to evolve within respective communities.
“The decision is best left to the wisdom of the law makers of the country. But, lasting solution must soon come from the legislature/parliament,”
the Court stressed.
Case Background
The case revolved around Raza marrying a girl who was allegedly a minor. Key points include:
- The prosecutrix claimed to be an adult (around 20 years) and voluntarily married Raza under Islamic law.
- The marriage resulted in a child, and the girl supported Raza in his bail plea.
- The FIR was lodged by her stepfather, who had allegedly sexually abused her, possibly to shield himself from prosecution.
The Court observed contradictions between Islamic law and Indian criminal law. While Islamic law permits marriage upon attainment of puberty, Indian law criminalizes sexual relations or marriage with minors. However, considering the prosecutrix’s age claim, her consent, and procedural violations in Raza’s arrest, the Court granted regular bail.
Legal Experts Assist the Court
The Court’s understanding of Islamic law was enhanced with inputs from:
- Prof. Faizan Mustafa, Vice Chancellor, Chanakya National Law University
- Dr. Mohd Khalid Khan, Department of Islamic Studies, Jamia Millia Islamia
- Nehal Ahmed, Assistant Professor of Law, Woxsen University, Hyderabad
Senior advocates and legal teams also appeared to assist in the proceedings.
Appearance:
For Hamid Raza: Advocates Furkan Ali Mirza, Asim Kirmani, Haris Ahmad and Abdul Wasih
For the State: Additional Public Prosecutor (APP) Sanjeev Sabharwal
Amicus Curiae: Senior Advocate Nandita Rao
Case Title:
Hamid Raza v State of NCT of Delhi
BAIL APPLN. 2867/2025
Read Judgment: