In a significant judicial observation, Justice Anil Verma of the Indore bench of the Madhya Pradesh High Court emphasized the necessity of implementing a Uniform Civil Code (UCC) in India. This remark was made during the hearing of a case involving triple talaq, which highlighted deeper issues within personal laws.
The case before Justice Verma involved two Mumbai-based women, Aliya and Farad Saiyyad, who were embroiled in legal challenges under various statutes including the Indian Penal Code, the Muslim Women (Protection of Rights of Marriage) Act 2019, and the Dowry Prohibition Act 1961. The court partly allowed their petition, seeking to quash an FIR against them that stemmed from dowry and harassment allegations.
During the proceedings, Justice Verma pointed out that it took years for lawmakers to recognize the unconstitutionality of triple talaq, which was detrimental to societal welfare. He suggested that it was time to acknowledge the need for a UCC to address other regressive practices veiled as religious beliefs.
“There are a lot of other deprecating, fundamentalist, superstitious, and ultra-conservative practices prevalent in society that are clothed in the name of faith and belief,” Justice Verma remarked. He stressed that while the Indian Constitution advocates a UCC through Article 44, it remains largely unimplemented.
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The matter stemmed from a complaint by Salma against her in-laws and husband, who allegedly subjected her to physical and mental harassment over dowry demands, and her husband’s pronouncement of triple talaq. Although the petitioners argued jurisdictional issues and the inapplicability of certain legal provisions to them, the court maintained that offenses involving dowry demands remained under scrutiny.
