Delhi HC Seeks Uniform Civil Code, Flags Child Marriage Law Clash

Delhi High Court Calls for Uniform Civil Code: Flags Conflict Between Muslim Personal Law and Child Marriage Laws

Justice Arun Monga says Parliament must resolve clash between personal laws and national child protection laws

Court grants bail in controversial case, highlights need for clarity on UCC and child marriage legality

By Our Legal Correspondent

New Delhi: September 27, 2025: The Delhi High Court has once again brought the debate on the Uniform Civil Code (UCC) into the spotlight. While hearing a sensitive case involving the marriage of a Muslim man to a girl alleged to be a minor, Justice Arun Monga observed that India urgently needs legislative clarity on the conflict between personal religious laws and national criminal laws.

The Court questioned whether it was time to move towards a Uniform Civil Code, which would provide a single legal framework for all citizens, regardless of religion, and prevent situations where personal laws clash with national legislation.

The Case That Sparked the Debate

The case involved Hamid Raza, a 24-year-old man accused of marrying a girl who was allegedly under 18. The prosecution claimed she was only 15 or 16 at the time of marriage, while the girl herself insisted she was 20 years old.

The background of the case was deeply troubling. The girl had earlier been sexually assaulted by her stepfather, who fathered her first child when she was just 14. Later, she married Raza under Islamic law, and the couple had a child together.

Ironically, the FIR against Raza was filed by the same stepfather, who is himself facing trial for sexually abusing the girl. This raised serious questions about the motive behind the complaint.

Islamic Law vs Indian Criminal Law

Under Muslim Personal Law, a girl is considered marriageable once she attains puberty, which is presumed at the age of 15 unless proven otherwise. Several precedents in Indian courts have upheld marriages of Muslim girls above 15 as valid under Shariat law.

However, under Indian criminal law, particularly the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita (BNS), any sexual relationship with a person below 18 is treated as statutory rape, regardless of consent or religious customs.

This creates a direct conflict:

What is valid under Islamic law may be a criminal offence under Indian law.
Husbands in such marriages risk being prosecuted as offenders, even if the marriage was consensual and recognized by their community.

Justice Monga described this as a “recurring conflict” that cannot be left unresolved.

The Court’s Observations

While granting bail to Raza, the Court made several important observations:

On UCC: “Is it not the time to move towards a Uniform Civil Code, ensuring a single framework where personal or customary law does not override national legislation?”
On child marriage: The Court suggested that a pragmatic middle path could be to standardize core protections, such as prohibiting child marriages across all communities with penal consequences.
On religious freedom: The Court acknowledged that opponents of UCC fear it may erode religious freedom. However, it stressed that freedom of religion cannot extend to practices that expose individuals to criminal liability.
On legislative responsibility: The Court emphasized that the Parliament, not the judiciary, must resolve this conflict.

Expert Opinions Considered

The Court consulted several experts in Islamic law, including:

Prof. Faizan Mustafa, Vice Chancellor of Chanakya National Law University
Scholars from Jamia Millia Islamia and Woxsen University

They explained that Islamic law does not fix a specific age for marriage but requires that both parties have attained puberty, understood the implications of marriage, and give free consent.

The Larger Debate on UCC

The Uniform Civil Code has been a subject of debate in India for decades. Article 44 of the Constitution directs the State to “endeavour to secure for the citizens a Uniform Civil Code.”

Supporters of UCC argue that it will ensure equality, gender justice, and national unity by applying the same laws to all citizens.
Opponents of UCC fear that it may interfere with religious freedom and cultural diversity.

Currently, Goa is the only state in India with a functioning UCC, a legacy of Portuguese rule. Recently, Uttarakhand became the first state to pass its own UCC legislation.

The Delhi High Court’s observations add fresh momentum to the national debate, especially as cases involving child marriage under personal laws continue to surface.

Why This Case Matters

This case is not just about one man’s bail. It highlights a fundamental legal dilemma:

Should personal laws be allowed to override national laws designed to protect children?
Should entire communities be criminalized for following long-standing traditions?
Or should Parliament step in to create a clear, uniform framework that balances religious freedom with child protection?

Justice Monga’s ruling does not settle these questions but makes it clear that India cannot delay the decision much longer.

Conclusion

The Delhi High Court’s call for a Uniform Civil Code in the context of child marriage laws is a reminder that India’s legal system is at a crossroads. While respecting religious freedom is essential, protecting children from exploitation is equally non-negotiable.

The Court has left the final decision to the wisdom of Parliament, but its message is clear: lasting legal clarity is urgently needed.

As the debate over UCC intensifies, this case may well become a turning point in India’s journey towards balancing tradition, modernity, and justice.