A Supreme Court bench led by Chief Justice Suryakant observed that implementing a Uniform Civil Code (UCC) would be the only effective way to ensure equal rights for all women across the country.
The remarks came while hearing multiple petitions alleging that women’s inheritance rights are being violated under Muslim personal (Shariat) law. The matter was heard by the CJI along with Justices R. Mahadevan and Jaymalyya Bagchi.
Senior advocate Prashant Bhushan, appearing for the petitioners, argued that even within the same religion there is discrimination in property rights, and that women are particularly denied equal inheritance. He maintained that inheritance is a civil right and not a religious ritual, and therefore Muslim women should receive rights equal to men.
The Chief Justice noted that if Shariat-based inheritance provisions are struck down, the key question would be what law would then govern succession. He said the appropriate answer would be a UCC, adding that Parliament bringing a common law would avoid confusion more effectively than courts invalidating personal laws.
Justice Bagchi cautioned that if the court invalidates the existing personal law, it could create a legal vacuum in succession matters and may even take away the limited rights currently available to women. The bench allowed the petitioner to amend and refile the plea to address the court’s concerns, and adjourned the hearing.
