Supreme Court Backs UCC Amid Push for Equal Inheritance Rights for Muslim Women

New Delhi – The Supreme Court of India is considering a petition challenging discriminatory inheritance laws for Muslim women, with a three-judge bench suggesting a Uniform Civil Code (UCC) as a potential solution to address gender bias in personal laws. The case, argued by senior advocate Prashant Bhushan on behalf of petitioner Poulomi P. Shukla, centers on the disparities created by the Muslim Personal Law (Shariat) Application Act, 1937.

Constitutional Challenge to Inheritance Disparities

Advocate Bhushan argued before Chief Justice Surya Kant and Justices Joymalya Bagchi and R. Mahadevan that the 1937 Act grants inferior inheritance rights to women, violating constitutional guarantees of equality. He emphasized that inheritance is a fundamental civil and property right and should not be shielded from constitutional scrutiny under the guise of religious freedom. Under Sharia law, women are typically entitled to half the inheritance share of men.

UCC as a Potential Remedy

Chief Justice Kant suggested that a UCC could be the “most effective answer” to removing gender bias in laws governing marriage, succession, and property rights. The court also acknowledged that gender discrimination in inheritance isn’t limited to Muslim personal law, extending to inequalities within Hindu Undivided Families (HUFs) and various customary or tribal practices.

Proposed Interim Solution: Indian Succession Act, 1925

Addressing concerns about a “legal vacuum” if discriminatory portions of the Shariat Act were struck down, Bhushan proposed including Muslim women under the ambit of the Indian Succession Act, 1925. This would provide an existing legal framework to ensure equal rights without leaving women in a state of legal uncertainty. He referenced the Supreme Court’s 2017 judgment in the Shayara Bano case, which struck down ‘triple talaq’ as unconstitutional, arguing that Muslim women deserve the same rights as Muslim men.

Constitutional Basis for Equality

The Indian Muslims for Secular Democracy (IMSD) has welcomed the Supreme Court’s observations, framing the petition as rooted in constitutional morality. The organization highlighted the following constitutional guarantees:

• Article 14: Equality before the law and equal protection of the laws.
• Article 15: Prohibition of discrimination on the basis of religion and sex.
• Article 21: Protection of life, dignity, and personal liberty.

IMSD asserts these guarantees should fully apply to Muslim women as equal citizens, despite historical recognition of property rights for women within Islamic law, patriarchal interpretations and social pressures often limit their access to these rights.

Concerns and Considerations

The Supreme Court expressed concern that judicial intervention could inadvertently deprive Muslim women of existing protections. The court cautioned against reforms that might abandon women with less than they currently receive. IMSD acknowledges the politicization of the UCC debate and emphasizes the need for a collective effort involving women’s organizations, legal experts, and minority communities to ensure reforms are based on justice and not stigmatization.

Call for Constitutional Justice

IMSD supports the ongoing proceedings in the Supreme Court and advocates for a solution guaranteeing equal inheritance rights for Muslim women across India. The organization calls for the removal of gender discrimination in all personal laws, ensuring all women are treated as equal citizens with dignity and justice under the law.