'Answer is Uniform Civil Code': Supreme Court on ensuring equal rights for women

Supreme Court

• Supreme Court proposes Uniform Civil Code for women's equality
• Court questions legal basis if Sharia inheritance is invalidated
• Bench urges legislative action for reforms, adjourns the matter

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The Supreme Court of India on Tuesday observed that a Uniform Civil Code may be necessary to ensure equal rights for women, while hearing a petition challenging provisions of Muslim personal law governing inheritance.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and R Mahadevan was hearing a writ petition that argued that certain inheritance rules under Sharia law discriminate against Muslim women.

During the hearing, the bench noted that a large section of Muslim women may not enjoy equal inheritance rights. However, the judges also questioned what legal framework would govern inheritance if the existing provisions were struck down.

The bench asked senior advocate Prashant Bhushan whether the court could examine the constitutionality of personal law practices. Justice Bagchi referred to the Narasu Appa Mali case, a decision of the Bombay High Court which held that personal laws cannot be tested against fundamental rights under the Constitution.

The court also raised concerns that striking down Sharia-based inheritance provisions could create a legal vacuum, as there is currently no comprehensive statutory law governing Muslim inheritance. Responding to this, Bhushan argued that the Indian Succession Act could apply in such a situation. He also submitted that the court could declare that Muslim women are entitled to equal inheritance rights as men.

To support his argument that courts can intervene in personal law practices, Bhushan cited the Supreme Court’s 2017 ruling in the Shayara Bano v. Union of India case, which struck down the practice of triple talaq as unconstitutional.

Bhushan further argued that inheritance is a civil matter and not an essential religious practice protected under Article 25 of the Constitution of India, which guarantees freedom of religion.

However, Chief Justice Kant cautioned that striking down the Muslim Personal Law (Shariat) Application Act, 1937, without an alternative framework could leave Muslim women without legal protection.

“In our over-anxiety for reforms, we may end up depriving them, and they might end up getting less than what they are already getting,” the CJI observed.

The bench also indicated that such reforms may be better addressed by the legislature, which has the mandate under the Directive Principles to consider implementing a Uniform Civil Code.

The court asked Bhushan to amend the petition and suggest possible remedies if the Shariat inheritance provisions were struck down. The matter was then adjourned.