New Delhi: The Supreme Court on Tuesday observed that the time has come for Uniform Civil Code (UCC) across the country. During a hearing, the apex court termed the pleas seeking striking down of Shariat law provision of 1937 as a “very good case” which legislature must look into.
What did the bench observe?
The bench lead by Chief Justice Surya Kant, which also included Justices Joymalya Bagchi and R Mahadevan noted that in case the Shariat inheritance law is truck down , it might lead to a legal vacuum, due to to absence of statutory law governing Muslim inheritance.
“In our over-anxiety for reforms, we may end up depriving them, and they might end up getting less than what they are already getting. If the Shariat Act of 1937 goes away, then what is the question? Will it not create an unnecessary void?”, said CJI Kant to Prashant Bhushan, who appeared for petitioners, as per PTI.
Justice Bagchi observed, “You have a very good case on discrimination, but would it not be appropriate for the court to defer it to the wisdom of the legislature, which has the mandate to enact a Uniform Civil Code as per the Directive Principles of State Policy.” “The answer is Uniform Civil Code,” added CJI Kant.
What is the case?
The case involves a challenge to provisions of the Muslim Personal Law (Shariat) Application Act, 1937. The act is related to aspects of marriage, divorce and succession among Muslim community in India. In their argument, petitioners have argued that dome of the provisions of the law discriminate against Muslim women, especially relation to succession and inheritance .