UCC may address Shariat inheritance issue: Supreme Court
New Delhi, March 10: The Supreme Court on Tuesday observed that a Uniform Civil Code (UCC) could be the appropriate solution…
New Delhi, March 10: The Supreme Court on Tuesday observed that a Uniform Civil Code (UCC) could be the appropriate solution while hearing a petition challenging provisions of Muslim personal law on inheritance as discriminatory against women.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice R Mahadevan briefly heard the matter and raised questions about whether courts can examine the constitutionality of personal law practices.
Court raises concern over legal vacuum
During the hearing, the bench asked advocate Prashant Bhushan whether striking down the Shariat inheritance law would create a legal vacuum since there is no separate statutory framework governing Muslim inheritance.
Bhushan argued that in such a situation, the Indian Succession Act could apply and that Muslim women should be granted equal inheritance rights with men.
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He also cited the 2017 Supreme Court judgment in the Shayara Bano case, which declared the practice of triple talaq unconstitutional, to argue that courts can intervene when personal laws violate fundamental rights.
Bench suggests legislative solution
The Chief Justice, however, cautioned that judicial intervention could unintentionally leave Muslim women without adequate legal protection.
“In our over-anxiety for reforms, we may end up depriving them,” CJI Surya Kant said, noting that removing the Shariat Act, 1937 provisions without an alternative law could create uncertainty.
Justice Bagchi added that such issues may be better addressed by the legislature through a Uniform Civil Code, as envisaged under the Directive Principles of State Policy.
“The answer is Uniform Civil Code,” the Chief Justice remarked during the hearing.
Petition may be amended
The bench suggested that the petition be amended to include proposed remedies in case the inheritance provisions are struck down.
After Bhushan agreed to make the changes, the court adjourned the hearing.
The petition, Poulomi Pavini Shukla vs Union of India, challenges aspects of the Muslim Personal Law (Shariat) Application Act, 1937, alleging that the inheritance framework discriminates against Muslim women.
