Karnataka High Court Calls For Uniform Civil Code To Address Gender Inequality In Personal Laws
Karnataka High Court urges lawmakers to enact a Uniform Civil Code, highlighting how religious personal laws create unequal treatment of women despite constitutional guarantees of equality.
The Karnataka High Court has made a powerful appeal to Parliament and State Legislatures to implement a Uniform Civil Code (UCC), describing it as essential for fulfilling constitutional principles of equality, justice, and secularism. In a significant ruling, the court emphasized how religion-based personal laws frequently result in unequal treatment of citizens, particularly women, despite constitutional guarantees of equality.
Justice Hanchate Sanjeevkumar delivered this observation while ruling on a family property dispute, arguing that UCC legislation would address persistent inequalities across different religious personal laws. "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," the court stated.
The judgment specifically highlighted gender disparities between Hindu and Muslim personal laws. "A 'woman' in Hindu law has a birthright equal to that of a son. When under Hindu law, a daughter is given equal status and rights in all respects, enjoying rights as that of a son, the same is not so under Mahomedan law," Justice Sanjeevkumar wrote, adding 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 will be achieved."
The court also referenced the Constituent Assembly debates, noting that UCC has been controversial since India's constitutional drafting. The order cited Dr. BR Ambedkar's advocacy for UCC, supporting his vision for a truly secular and egalitarian nation.
These observations emerged during adjudication of a property dispute involving the heirs of Abdul Basheer Khan. His children, including the now-deceased Shahnaz Begum, were embroiled in litigation over asset division. Shahnaz's husband, Sirajuddin Macci, pursued her claim after her death, alleging she was denied her rightful share.
A Bengaluru trial court had previously ruled that three properties belonged to the joint family estate and granted Shahnaz's representative a one-fifth share. While the High Court upheld this finding, it dismissed cross-objections seeking inclusion of additional properties.
Justice Sanjeevkumar concluded that implementing a UCC would not only ensure gender equality but also strengthen India's democratic and secular foundations.
