Court Questions Why Society Should Be Criminalized for Following Ancient Customs
New Delhi – The Delhi High Court delivered a scathing critique of India’s dual legal system Friday, advocating for immediate implementation of a Uniform Civil Code (UCC) to resolve the dangerous conflict between personal laws permitting child marriage and national legislation criminalizing it.
Justice Arun Monga highlighted the alarming contradiction where Islamic personal law permits marriage after puberty (typically 15 years) while the POCSO Act and BNS classify such unions as criminal offenses. “Are we to criminalize society for following long-established personal laws?” questioned Justice Monga during proceedings.
The remarks emerged during bail hearings for Hamid Raza, accused of marrying a minor under IPC Section 376 and POCSO provisions. The case revealed disturbing irregularities, the FIR was filed by the girl’s stepfather, who faces separate sexual assault charges against the same minor.
Uttarakhand became India’s first post-independence state implementing UCC in January 2025, completely banning halala, polygamy, and triple talaq practices. Chief Minister Pushkar Singh Dhami’s initiative follows Goa’s Portuguese-era civil code precedent.
Court documents revealed conflicting age records, hospital records showed 17 years during the girl’s first delivery, while her affidavit claimed 23 years. Justice Monga noted such discrepancies can only be resolved through full trial proceedings.
Former Chief Justice DY Chandrachud recently endorsed UCC implementation, stating the Constitution’s 75-year-old aspiration must now be realized with all communities’ consensus.
The court granted Raza bail, citing constitutional violations in his arrest and delayed case registration affecting his right to speedy trial.
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