SC sees Uniform Civil Code as solution to Sharia law's bias against Muslim women

The Supreme Court has said that the Uniform Civil Code (UCC) is the most effective way to ensure equal inheritance and civil rights for Muslim women. A bench led by Chief Justice of India, Surya Kant, also held that legislative action, rather than judicial fiat, is key to creating equality through the UCC.

The Supreme Court batted for the Uniform Civil Code (UCC), calling it the "most effective answer" to address discriminatory inheritance provisions under Muslim personal law. This came as a bench, headed by Chief Justice of India Surya Kant along with Justices Joymalya Bagchi and R Mahadevan, was on Tuesday hearing a PIL seeking equal inheritance rights for Muslim women.

The CJI, while saying that "the most effective answer... is the Uniform Civil Code", also emphasised that striking down existing personal law provisions could create legal ambiguities.

Senior Advocate Prashant Bhushan, appearing for the petitioners, argued that Muslim women are denied equal rights under the Shariat law and referred to the Supreme Court's judgment in Shayara Bano on triple talaq. The bench asked the petitioners to amend the petition to include alternatives in case the Muslim Personal Law (Shariat) Application Act, 1937, was struck down.

The PIL, filed by Poulomi Pavini Shukla and Nyaya Naari Foundation, challenges the Muslim Personal Law (Shariat) Application Act, 1937.

Petitioners say it discriminates against Muslim women by denying them equal inheritance rights compared to men. Bhushan argued that "inheritance is not an essential religious practice but a civil right", and the court could intervene to ensure equality, reported Live Law.

The CJI raised concerns about striking down the 1937 Act. "What is the vacuum created then? What is the solution?" Justice Surya Kant was quoted as asking by The Indian Express newspaper.