It is not me but my very best friend, Sageer Khan, who would feel most proud to read this latest judgment by the Delhi High Court strongly advocating for a Uniform Civil Code (UCC). Despite being a Muslim, Sageer was the strongest supporter of UCC I ever met, back in 1993 at Sagar, Madhya Pradesh.
In my absence in 1993, he was seen weeping and telling another Muslim, Haseer Khan:
Why, despite partition on religious grounds, are Hindus still discriminated against and treated as third-class citizens, while Muslims enjoy maximum freedom in the world? Why is monogamy imposed only on Hindus, Sikhs, Jains, and Buddhists, while Muslims continue with polygamy and polyandry, causing rapid population growth? Why are Hindus denied subsidies for pilgrimages like Kailash, while Muslims receive them? Why does the Centre take over only temples and not mosques? Why are there mosques in Ayodhya, Kashi, and Mathura, when there is not a single temple in Mecca or Medina? Why don’t Muslims willingly donate disputed sites to Hindus? I will never offer namaz on disputed sites or roads, disturbing others.
His words struck me deeply, and he kept reiterating them for two years, until 1995.
Delhi High Court Judgment: Hamid Raza vs State of NCT of Delhi
It is in this backdrop that the Delhi High Court, in the case Hamid Raza vs State of NCT of Delhi (Bail Appln. 2867/2025, Neutral Citation No. 2025:DHC:8643, pronounced on 23.09.2025), strongly batted for the enactment of a UCC. The Court held that personal or customary laws must not override national legislation.
Sadly, despite repeated calls by the BJP and Prime Minister Narendra Modi over the past 11 years, a UCC has not been enacted. This continued delay makes for depressing reading and is difficult to justify.
The Bail Plea of Hamid Raza
The Bench was deciding a bail plea filed by Hamid Raza, charged under IPC Section 376 (rape) and POCSO Act for marrying a minor girl who was allegedly abused by her stepfather. The girl bore a child from that abuse.
Evidence showed that the FIR against Raza was lodged by the stepfather to protect himself and hide his crimes. The Court noted serious lapses in Raza’s arrest and detention. Consequently, the Delhi High Court granted him regular bail, having already been on interim bail since September 19, 2025.
Observations by Justice Arun Monga
Justice Arun Monga, in para 1 of his judgment, laid out the background:
Barely 14 years old, the girl became a mother due to the heinous assault by her stepfather. Shattered, she found dignity when Raza accepted her as his lawful wife. They married on 04.06.2024 under Islamic law and later had another child together. The stepfather is now in custody and facing trial.
Procedural Lapses in Arrest
The Court noted multiple illegalities:
- Raza was produced in court beyond the 24-hour limit mandated by the Constitution.
- Written grounds of arrest were not furnished, violating constitutional rights.
- No relatives were informed of his arrest.
- The police ignored his request to notify his family.
These actions rendered the arrest unlawful.
Support from the Prosecutrix
Importantly, the prosecutrix herself supported Raza’s bail. She clearly stated before the Court that she had no objection to his release and wanted to live with him as her husband.
Court’s Rationale for Granting Bail
Considering the prosecutrix’s support, the illegalities in arrest, absence of criminal record, and delay in trial, the Court concluded that Raza’s continued incarceration was unjustified. He was thus granted regular bail with conditions.
The Larger Issue: Need for a Uniform Civil Code
While granting bail, the Court refrained from ruling conclusively on the marriage’s legality but highlighted a recurring conflict: under Islamic law, a minor girl attaining puberty may lawfully marry, but under Indian law, such a marriage renders the husband an offender.
The Court posed a critical question:
Should society be criminalized for adhering to personal laws? Is it not time for a UCC where national law overrides personal or customary practices?
Conclusion of the Court
Justice Monga concluded by urging the Legislature to bring clarity. While opponents of UCC fear loss of religious freedom, freedom cannot extend to practices that create criminal liability. A balanced approach could ban child marriages across all communities while allowing gradual evolution of less contentious matters.
Final Thoughts
This judgment once again highlights the urgent need for a Uniform Civil Code. The Court rightly emphasized that delays are no longer acceptable. Enacting UCC would not only curb child marriages but also help control population growth, a critical need as India has now surpassed China as the most populated country in the world.
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh
