Karnataka High Court urges Parliament and state legislature to enact Uniform Civil Code, says different personal laws give different rights to women

The Karnataka High Court has urged the parliament and the state legislature to implement Uniform Civil Code (UCC) in the country. The single judge bench made the request on 4^th April while hearing appeals filed by Samiulla Khan and others for partition of the property left by their deceased sister Shahnaz Begum.

Justice Hanchate Sanjeev Kumar said, “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 stated that it is of the opinion that bringing a law on Uniform Civil Code and its enforcement certainly gives justice to women, achieves equality of status and opportunity for all and accelerate the dream of equality among all women in India, irrespective of caste and religion and also assures dignity individually through fraternity.

The court noted that some states have already implemented UCC, and directed the registrar general of the court to forward copies of the judge to both the union and the Karnataka government. The court said it hopes that the Union of India and the State of Karnataka will make endeavour in this regard in enacting the Legislation on the Uniform Civil Code, achieving the object of Article 44 of the Constitution of India.

The court stated that while women in India are all equal, different personal laws of different religions make a difference among them. While Hindu personal law gives equal rights and status to daughters, the same is not applicable under Muslim Personal Law, the court said as an example.

The High Court stated, “Therefore, the Court is of the opinion that our Country needs a Uniform Civil Code in respect of their Personal Laws and Religion, only then the object of Article 14 of the Constitution of India will be achieved.”

It noted that brothers and sisters have same entitlements under Hindu law, but under Muslim law, daughters are entitled to share as residuary, not as sharer. “Therefore, this is an example for the necessity of making Law on “Uniform Civil Code”, the court said.

The court made the comments while hearing appeals against a trial court order dividing the properties of a woman named Shahnaz Begum among her brothers and her husband after her death, even though she had purchased the properties on her own and didn’t inherit them. The trial court allotted 1/10^th share of a property and 1/5^th share of another property to two of her brothers, 1/20^th and 1/10^th share to her sister, and 3/4^th and 50% share of the properties to her husband.

The appeal was filed by the brothers, sister and their families, alleging that the trial court allotted them a lesser share in the property of Shahnaz Begum.

The husband appealed against the verdict, arguing that he and his deceased wife had purchased the properties in question, and she didn’t inherit them from her family, therefore he is entitled to the entire property. The sale deeds were produced as proof.

The court dismissed the appeals filed by the brothers and the sister and partially allowed the plea of the husband.

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