Daijiworld Media Network – New Delhi

New Delhi, Mar 10: The Supreme Court of India on Tuesday observed that introducing a Uniform Civil Code (UCC) across the country may be the only way to ensure equal rights for all women.

A three-judge bench headed by Chief Justice of India Surya Kant and comprising Justices R Mahadevan and Joymalya Bagchi made the observation while hearing a batch of petitions alleging violation of women’s rights under succession provisions of Muslim Personal Law (Shariat) Application Act.

The bench noted that a large section of the Muslim community is deprived of equal inheritance rights but raised the question of what law would govern inheritance if the provisions of Shariat law were struck down.

“The only way to ensure equal rights to all women in the country is to bring in a Uniform Civil Code across India,” the court observed during the hearing.

Appearing for the petitioners, advocate Prashant Bhushan argued that personal laws governing inheritance should not be protected under Article 25 of the Constitution of India, which guarantees freedom of religion. He submitted that inheritance is a civil right and cannot be considered an essential religious practice.

Bhushan further argued that after the landmark Shayara Bano vs Union of India judgment, Muslim women should not be deprived of the same rights enjoyed by Muslim men.

However, the bench pointed out that inequalities exist across several communities, including tribal societies, and questioned whether such disparities could be addressed solely through judicial intervention.

Justice Bagchi observed that practices such as the rule of “one wife for one man” are not uniformly applied across communities, raising the question of whether the court could declare all bigamous marriages unconstitutional.

He emphasised that implementing directive principles such as the Uniform Civil Code would be better addressed through legislative action rather than judicial orders.

The bench also noted that the court had previously recommended that the legislature consider enacting a uniform code.

During the proceedings, the court indicated that judicial intervention would be more appropriate if the petition were filed directly by affected Muslim women. Bhushan responded that some of the petitioners were indeed Muslim women.

The court asked the petitioners to amend their plea to include suggestions on the legal framework that should replace the Shariat inheritance provisions if they are struck down. The matter was adjourned for further hearing after the counsel agreed to revise the petition.