Karnataka High Court urges implementation of Uniform Civil Code

ANI April 6, 2025 156 views

The Karnataka High Court has made a landmark recommendation for implementing the Uniform Civil Code across India. Justice Sanjiv Kumar emphasized the need to address gender inequalities in religious personal laws during a property dispute hearing. The court pointed out significant disparities in inheritance rights between different religious communities, particularly affecting women's legal standing. By advocating for a uniform legal framework, the judgment reignites the national debate on creating a more equitable legal system that transcends religious boundaries.

"Only a uniform law can lay the foundation of true democracy" - Justice Sanjiv Kumar
Bengaluru, April 6: The High Court of Karnataka has appealed to Parliament and state legislatures to move forward with the implementation of a Uniform Civil Code (UCC), calling it a crucial step toward realising the Constitutional ideals of justice, equality, secularism, and national unity.

Key Points

1

Karnataka HC highlights disparities in women's rights across religious laws

2

Court cites constitutional principles of equality and justice

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Recommends nationwide Uniform Civil Code implementation

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Compares inheritance rights between different religious communities

The comment was made by the single bench of Justice Sanjiv Kumar during the hearing of a case related to a property dispute.

The case was related to the partition of the property of a Muslim woman, Shahnaz Begum, after her death, in which the woman's husband and her siblings were parties.

The Court found that there was a huge difference in the rights of women under various religious laws, which hurt the constitutional principle of equality.

Justice Kumar said that the Uniform Civil Code is mentioned in Article 44 of the Constitution, and only by implementing it can equality and justice be guaranteed to citizens.

He particularly highlighted the unequal status of women, who are still denied equal rights due to religion-based personal laws. For example, where daughters are given equal rights in Hindu inheritance law. In Muslim law, sisters often get less share than brothers.

The court further stated that states like Goa and Uttarakhand had taken initiatives in the direction of UCC and now the time had come to implement it across the country.

The court ordered a copy of its verdict to be sent to the principal law secretaries of the Centre and the Karnataka government so that they the legislative process on it could be initiated.

The legal aspect of this judgment was related to the property dispute, but Justice Kumar's comments have brought the debate back into the discussion as to whether the time has come to implement the UCC in the country.

Citing the views of constitution-makers like Rajendra Prasad and Maulana Hasrat Mohani, he said that only a uniform law can lay the foundation of true democracy.

Reader Comments

R
Rahul K.
This is long overdue! How can we call ourselves a modern democracy when women's rights vary based on religion? 👏 The court is absolutely right about equality being a constitutional principle.
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Ayesha M.
While I agree with gender equality, we must be careful about imposing uniformity. Personal laws are tied to religious identity. Maybe reforms within existing frameworks would be better than complete uniformity?
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Vikram S.
Finally some sense from the judiciary! Goa has had UCC since Portuguese times and it works fine there. Why should inheritance rights depend on which god you pray to?
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Priya R.
As a woman, I fully support this. It's 2024 and we're still fighting for equal inheritance rights? Shameful! The court has taken a bold stand for gender justice.
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Sunil T.
Respectfully disagree with the court overstepping here. This is a legislative matter, not judicial. Courts should stick to interpreting laws, not making policy recommendations.
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Neha P.
The property dispute case shows how unfair the current system is. Sisters getting less than brothers? How is this acceptable in modern India? UCC can't come soon enough!

We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.

Tags:
Uniform Civil Code Karnataka High Court Justice Sanjiv Kumar Gender Equality Indian Constitution Religious Personal Laws
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