Karnataka High Court recommends UCC, says it will ensure ‘equality among women irresp
Karnataka High Court recommends UCC, says it will ensure ‘equality among women irrespective of caste and religion’
M.U.H
06/04/202538
The Karnataka High Court has suggested that the state and Union governments work towards implementing the Uniform Civil Code to “accelerate the dream of equality among all women in India irrespective of caste and religion”. The observations were made in a judgment on the inheritance of property belonging to a deceased Muslim woman.
In his order on April 4, Justice Hanchate Sanjeevkumar also made certain observations in the context of the woman’s sister receiving a lesser share than her brothers under the existing law. “As in the present case, the plaintiffs being two brothers and sister of deceased Shahnaz Begum, though plaintiff No.3 being sister is entitled to share as residuary but not as sharer. This is one of the circumstances of discrimination between brothers and sister, but that is not found under Hindu Law. The brothers and sisters are equally having status/right/entitlement and interest under Hindu Law. Therefore, this is an example for necessity of making Law on ‘Uniform Civil Code’,” the order said.
The woman’s siblings approached the court in 2020 against the share granted by the lower court in her property. Her husband argued that her siblings were not entitled to the property as he had purchased it for her out of affection and that it was not given from her parental side. Her siblings, however, argued the property was self-acquired. The woman’s husband further argued that the matter was barred by limitation as his wife passed away in 2014.
The court observed that property was jointly acquired by the husband and wife, who were teachers, with their income and pensions. Applying the principles of Muslim inheritance law, the court stated that the share of the siblings would therefore be calculated only on the basis of the deceased woman’s share. Thus the husband of the deceased would be entitled to 75 per cent, the brothers of the deceased 10 per cent each, and the sister would receive 5 per cent.
The court stated, “The enactment of legislation on Uniform Civil Code as enshrined under Article 44 of the Constitution of India will achieve the object and aspirations enshrined in the Preamble of the Constitution of India, bringing about a true secular democratic republic, unity, integrity of the nation, securing justice, liberty, equality and fraternity. The Court is of the opinion that bringing a law on Uniform Civil Code and its enforcement certainly 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 court went on to quote the views of leaders such as B R Ambedkar in support of its position.
The court also directed copies of the order to be forwarded to the principal law secretaries of the state and Union governments to request an endeavour to legislate the Uniform Civil Code.
