Observing that bringing a law on Uniform Civil Code (UCC) and its enforcement will give justice to women, achieve equality of status and opportunity for all, and accelerate the dream of equality among all women in India irrespective of caste and religion, the High Court of Karnataka has requested Parliament and Karnataka Legislature of make every endeavour to enact a statute on UCC.
“The enactment of legislation on UCC as enshrined under Article 44 of the Constitution of India will achieve the object and aspirations enshrined in the Preamble of the Constitution, bringing about a true secular democratic republic, unity, integrity of the nation, securing justice, liberty, equality and fraternity,” the Court observed.
Justice Hanchate Sanjeevkumar made this appeal while deciding a dispute over the sharing of immovable properties, which was registered in the name of a Muslim woman, between her husband, two brothers and a sister, after her death. The husband, the brothers and sister had questioned the manner in which the civil court had given them the share over her properties.
The husband claimed right over all the properties on the grounds that it was he who had purchased the properties in the name of his wife and hence he alone should be entitled to them while citing the law of succession, including the Hindu Succession Act, 1956. However, the brothers and the sister contended that the deceased sister had purchased the properties.
While pointing out that the law on inheritance is different under the Mohammedan law from Hindu law, the court said, “Women in India are all equal but the personal law according to religion makes difference among the women though they are citizens of India.”
The court further observed, “When under the Hindu law, a daughter is given equal status and right in all respects, enjoying rights as that of a son, the same is not so under the Mahommedan law. Therefore, this court is of the opinion that our country needs UCC with respect of their personal laws and religion. Only then the object of Article 14 of the Constitution of India will be achieved.”
In the present case, the High Court said as per Mohammedan law, the sister is entitled to share as residuary but not as sharer, while pointing out that this is one of the circumstances of discrimination between brothers and sister under Mohammedan law but that discrimination is not found under Hindu law.
Pointing out that UCC was the most debated issue in the Constituent Assembly, the court pointed out that B.R. Ambedkar, Chairman of Constitution drafting committee, had argued in favour of UCC.
Published - April 05, 2025 11:47 pm IST
