Karnataka High Court Pushes for Uniform Civil Code
A Move Towards Equal Rights and Gender Justice
The Karnataka High Court has advocated for the Uniform Civil Code (UCC), urging the state and central governments to enact legislation under Article 44 of the Constitution. The court believes that this legislation would ensure equal rights and gender justice across all communities.
Justice Sanjeevkumar’s Observation
- Justice Hanchate Sanjeevkumar made this observation while handling Regular First Appeals related to a deceased Muslim woman’s property claims.
- He emphasized that the enactment of UCC legislation would fulfill the Constitution’s Preamble objectives, creating a truly secular democratic republic.
Advancing Gender Justice and Equal Rights
The court stated that such legislation would promote gender justice, ensure equal rights and opportunities for all, and uphold individual dignity. Justice Sanjeevkumar pointed to Goa and Uttarakhand as examples of states that have already taken steps toward implementing UCC.
The Case at Hand
- The case involved a dispute between Shahanaz Begum’s husband and her two brothers and a sister over her properties.
- After reviewing the evidence, the court ruled that her 89-year-old husband is entitled to a 75% share in all her properties, while her two brothers and sister are entitled to 10% and 5%, respectively.
Highlighting Personal Law Discrepancies
Justice Sanjeevkumar pointed out the differences between Hindu and Muslim personal laws. While Hindu law grants equal inheritance rights to daughters and sons and treats wives equally with husbands, Muslim law does not reflect this equality.
In this case, while the brothers are considered “sharers” under Muslim law, the sister is only entitled to share as a “residuary,” resulting in discrimination that does not exist in Hindu law, where “brothers and sisters have equal rights.”
Sharing the Judgment
He instructed the Registrar General to forward a copy of the judgment to the principal law secretaries of the central and Karnataka governments.
