New Delhi: The Supreme Court on Tuesday stressed the need to implement a Uniform Civil Code (UCC) in the country while hearing a petition alleging violations of women’s rights under Muslim Personal Law.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice R. Mahadevan stated that it is Parliament’s responsibility to legislate on this subject to address the complexities arising from different personal laws.
Need for a Law on UCC
During the hearing, Justice Bagchi stated that directly repealing personal laws could create a legal vacuum, and therefore, the legislature should decide on enacting a law on this subject.
He stated that abolishing personal laws could create many complications, and therefore, introducing a Uniform Civil Code could be a better solution.
Chief Justice Surya Kant also agreed with this and said that the UCC could be a solution to this problem.
Court’s Questions on the Sharia Law of 1937
During the hearing, the court also questioned the petitioners’ challenge to the Muslim Personal Law (Shariat) Application Act, 1937.
The petitioners argue that some provisions of this law discriminate against Muslim women, especially in matters of inheritance.
However, the court noted that if this law is repealed, it could create a legal vacuum.
Debate on Inheritance Law
Senior advocate Prashant Bhushan, appearing for the petitioners, argued that under Sharia law, women receive half the inheritance share of men. He suggested that if the 1937 law is declared unconstitutional, the Indian Succession Act, which grants equal rights to men and women, could be implemented.
Justice Bagchi questioned whether personal law would still apply if the 1937 Act were repealed.
Advice to avoid hasty judicial intervention
Chief Justice Surya Kant said that in the rush to reform, such steps should not be taken that would affect the existing rights of Muslim women.
He suggested the petitioners amend their petition and present alternative solutions so that women’s rights can be better protected.
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