Supreme Court Highlights Need for Uniform Civil Code in Plea Challenging Shariat Law Provisions
SC Suggests Legislature Should Address Discriminatory Muslim Inheritance Provisions
New Delhi, Mar 10: The Supreme Court on Tuesday emphasized that the time has come for a Uniform Civil Code (UCC) while hearing a petition challenging provisions of the Shariat Law of 1937 as discriminatory toward Muslim women. The bench described the case as “very good” but noted that it is primarily a matter for the legislature.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and R. Mahadevan cautioned that striking down the Shariat inheritance law could create a legal vacuum, as no statutory alternative currently governs Muslim inheritance.
CJI Kant observed, “In our over-anxiety for reforms, we may end up depriving them, and they might get less than what they are already entitled to. If the Shariat Act of 1937 goes away, what fills the gap?”
Justice Bagchi acknowledged the discrimination in inheritance rules but suggested deferring the matter to the legislature, which holds the mandate to implement a UCC under the Directive Principles of State Policy. He added that inconsistencies, such as the rule of ‘one wife for one man,’ are not uniformly applied across communities, reinforcing the need for legislative action.
The bench reiterated that the court has repeatedly urged Parliament to enact a Uniform Civil Code. Advocate Prashant Bhushan, representing the petitioners, requested that the court recognize Muslim women’s right to equal inheritance, applying provisions of the Indian Succession Act if the Shariat Act is struck down.
The Supreme Court’s remarks highlight the ongoing tension between judicial intervention and legislative prerogative in implementing reforms under a Uniform Civil Code.
