'Isn’t It Time to Move Towards UCC?' Delhi HC Raises Concern Over Conflicting Child Marriage Laws

National News: The Delhi High Court has expressed serious concern over the ongoing conflict between Islamic and Indian laws over the validity of child marriage and its criminality. The court called it a 'repeated dispute.' Justice Arun Monga said that under Islamic law, if a minor girl reaches the puberty, her marriage can be considered valid. However, Indian law does not recognize this. Under the Indian Penal Code (IPC) and the POCSO Act, anyone involved in such a marriage would be considered a criminal.

Uniform Civil Code required

Looking at this dispute, the court said that Isn't the time now that we move towards a Uniform Civil Code (UCC)? Justice Monga emphasized that there should be only one legal structure, so that individual or customary laws do not cross the national law.

The court also added that this conflict demands legal clarity and the solution is responsible to the legislature. It observed that it is up to the legislature to decide whether an entire community should continue to be treated as criminals or whether peace and harmony should be promoted through legal certainty.

Religious freedom and legal obligation

The court also clarified that religious freedom cannot be so broad that it allows a person to escape criminal liability. Justice Monga suggested that a practical solution could be to impose a complete ban on child marriage and ensure uniform punitive measures for everyone, as child marriage directly conflicts with both the IPC and the POCSO Act.

Background of case

The comment came in response to a petition filed by a 24-year-old man accused of marrying a minor girl. While the girl claimed she was 20 years old, the prosecution argued that she was between 15 and 16 years of age. Justice Monga said that a permanent solution should be left to the wisdom of the country's legislators, but emphasized that it must be addressed soon by Parliament or the legislature.