Time for UCC: SC warns of legal vacuum if Shariat inheritance law is struck down

The Supreme Court has observed that the time has come for a Uniform Civil Code (UCC), while hearing a plea challenging the Shariat law of 1937 for being discriminatory against Muslim women. Chief Justice Surya Kant and the bench cautioned that striking down the law could create a legal vacuum, stressing that reforms should be left to the legislature.

New Delhi: The Supreme Court on Tuesday observed that the time has come for a Uniform Civil Code (UCC) as it termed a plea seeking striking down of provisions of the Shariat law of 1937 for being discriminatory to Muslim women as a “very good case” which advisably only the legislature should look into.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and R Mahadevan said if the court struck down the Shariat inheritance law, it would create a legal vacuum, as there is no statutory law governing Muslim inheritance.

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CJI Kant told advocate Prashant Bhushan, appearing for petitioners, “In our over-anxiety for reforms, we may end up depriving them, and they might end up getting less than what they are already getting. If the Shariat Act of 1937 goes away, then what is the question? Will it not create an unnecessary void?”

Justice Bagchi said, “You have a very good case on discrimination, but would it not be appropriate for the court to defer it to the wisdom of the legislature, which has the mandate to enact a Uniform Civil Code as per the Directive Principles of State Policy.”

CJI Kant said, “The answer is Uniform Civil Code.”

Justice Bagchi pointed out that the rule of ‘one wife for one man’ is not being uniformly applied to all communities.

“But does that mean that the court can declare all bigamous marriages as unconstitutional? So, we have to defer to legislative power to bring the directive principles into effect,” he said, adding that it is best to defer the issue to the legislative wisdom.

Justice Bagchi further said, “This court has time and again recommended to the legislature to enact a Uniform Civil Code.”

At the outset, Bhushan submitted that the court can make a declaration that Muslim women are entitled to equal inheritance rights as men, and the provisions of the Indian Succession Act will apply if the court strikes down the Muslim Personal Law (Shariat) Application Act of 1937.