Supreme Court flags need for UCC to address complexities in personal laws

The Supreme Court highlighted the need for a Uniform Civil Code to address personal law complexities and ensure women's rights in matters such as inheritance

The Supreme Court on Tuesday said that it's time for India to enact a Uniform Civil Code (UCC) to resolve legal complexities arising due to personal laws and ensure equality, reported Bar and Bench.

 

A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice R Mahadevan made the oral observation during the hearing of a petition alleging violations of women's rights under Muslim personal law.

 

"To declare personal laws void and create a vacuum ... it is best to defer it to legislative wisdom so that the legislature brings about a law on UCC. This court has already recommended UCC. See, for a Muslim man, he can divorce unilaterally, by any procedure you follow. Can we declare all bigamous relations founded on personal law as invalid? No. So we have to defer to legislative power to bring fundamental duties, in effect," Justice Bagchi said as quoted by Bar and Bench.

 

 

Further, CJI agreed with Justice Bagchi, reiterating the need for UCC.

The case

The petitioners, represented by advocate Prashant Bhushan, have challenged the Muslim Personal Law (Shariat) Application Act, 1937, alleging that certain provisions of the law discriminate against Muslim women, particularly in matters of inheritance, the report added. Bhushan argued that the Indian Succession Act will govern the field if the 1937 Act is declared unconstitutional.

 

"Inheritance is a civil right, and it is not an essential religious practice. This does not have Article 25 (freedom of religion) protection," Bhushan said. 

 

The Court, however, observed that repealing the law can create a "vacuum" in the succession laws.

 

"In our overanxiety of reforms, we may end up depriving them (Muslim women) or getting less than what they are already getting. If it goes away (the 1937 Act), then what, is the question," CJI said.

 

The apex court further stated that the matter required legislative intervention and added that the petitioners could amend their plea to include alternative suggestions.

 

"The question is, eventually, what we want to happen is (if there is) a part of Indian women (who) are being deprived of their rights, the idea is to restore those rights," CJI said.

 

Goa and Uttarakhand are the only Indian states with a functional Uniform Civil Code.