Karnataka High Court bats for Uniform Civil Code: Will give justice to all women
The court emphasised that personal laws based on religion often result in unequal treatment of citizens-particularly women-despite their equal status under the Indian Constitution.
"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 Hanchate Sanjeevkumar wrote in his judgment.
He added, "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 will be achieved."
The judge also referred to the Constituent Assembly debates, pointing out that the UCC has been a contentious subject since the drafting of the Constitution.
"Dr BR Ambedkar, in his most illustrious speech, argued in favour of the Uniform Civil Code," the order noted, backing Ambedkar's vision for a truly secular and egalitarian India.
These remarks were made during the court's adjudication of a property dispute among the heirs of Abdul Basheer Khan, who died intestate. His children-including Shahnaz Begum, now deceased - became embroiled in a legal battle over the division of his assets. Shahnaz's husband, Sirajuddin Macci, pursued her claim in court after her passing, alleging she had been wrongfully denied her share.
In 2019, a Bengaluru trial court had ruled that three properties belonged to the joint family estate and granted Shahnaz's legal representative a 1/5th share. Her siblings - Samiulla Khan, Noorulla Khan, and Rahath Jan - appealed the ruling, while Sirajuddin filed a cross-objection seeking inclusion of more properties.
Justice Sanjeevkumar, in a recent ruling on a family property dispute, made a strong case for UCC, observing that its enactment would address long-standing inequities across 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 court further observed that the lack of a uniform civil framework has led to unequal treatment of women from different faiths, even though all citizens are equal before the law.
The High Court upheld the trial court's findings on the joint family status of the three properties but dismissed the cross-objection, stating there was insufficient evidence to support Sirajuddin's claim over the additional properties.
Nevertheless, it was during this case that the High Court used the opportunity to stress the broader legal and constitutional implications of unequal personal laws. Justice Sanjeevkumar reiterated that enacting a UCC would not only ensure gender equality but also strengthen the democratic and secular fabric of the nation.
Uttarakhand became the first Indian state to implement Uniform Civil Code.
The UCC eliminates discriminatory practices in personal laws, promoting gender equality and women's rights. Simplifies Legal Procedures: associated with marriage, divorce, and inheritance.
The saffron party was the first to promise the implementation of UCC if it comes to power and the issue was part of its 2019 Lok Sabha election manifesto.
Why is Article 44 important?
The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country.
Dr B R Ambedkar, while formulating the Constitution had said that a UCC is desirable but for the moment it should remain voluntary, and thus the Article 35 of the draft Constitution was added as a part of the Directive Principles of the State Policy in part IV of the Constitution of India as Article 44.
It was incorporated in the Constitution as an aspect that would be fulfilled when the nation would be ready to accept it and the social acceptance to the UCC could be made.
Ambedkar in his speech in the Constituent Assembly had said, "No one need be apprehensive that if the State has the power, the State will immediately proceed to execute…that power in a manner may be found to be objectionable by the Muslims or by the Christians or by any other community. I think it would be a mad government if it did so."
The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.
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