The Karnataka High Court on Friday urged the Union and state governments to work towards implementing the Uniform Civil Code to fully realise the ideals outlined in the Preamble to the Constitution, Bar and Bench reported.

The Uniform Civil Code is a common set of laws governing marriage, divorce, succession and adoption for all citizens. Currently, such personal affairs of different religious and tribal groups are based on community-specific laws, largely derived from religious scripture.

Justice Hanchate Sanjeevkumar made the observations in a judgement related to the inheritance of property by a Muslim woman, Shahnaz Begum, who died in 2014, The Indian Express reported.

Begum’s siblings moved the High Court in 2020 against the property share granted to her by a lower court.

“The court is of the opinion that bringing a law on Uniform Civil Code and its enforcement certainly give justice to women, achieve equality of status and opportunity for all and accelerate the dream of equality among all women in India irrespective of caste and religion and also assure dignity individually through fraternity,” Bar and Bench quoted Friday’s order as stating.

Despite women being equal citizens under the Constitution, Sanjeevkumar said that personal laws based on religion created distinctions among them and resulted in their differential treatment.

Under Hindu law, a daughter had equal birthrights and status as a son, the judge said, adding that a wife also enjoyed equal status with her husband. However, such equality was not reflected under Muslim law, he added.

“Therefore, the court is of the opinion that our country needs Uniform Civil Code in respect of their personal laws and religion, only then the object of Article 14 of the Constitution of India will be achieved,” the order said. Article 14 guarantees equality before the law.

The High Court said that it was “of the opinion that it should make a request to the Parliament and State Legislatures to make every endeavour to enact a statute on Uniform Civil Code”.

Sanjeevkumar also directed that copies of the order be forwarded to the principal law secretaries of the Union and state governments, according to The Indian Express.

Introducing a common personal law has long been on the agenda of the Bharatiya Janata Party and several states ruled by the Hindutva party have been taking steps towards implementing it.

On January 17, BJP-ruled Uttarakhand became the first state to implement the Uniform Civil Code after independence. A common civil code has been in place in Goa since the Portuguese Civil Code was adopted in 1867.

In its campaign for the Uniform Civil Code in Uttarakhand, the BJP had mainly targeted Muslim personal law, arguing that it discriminated against women as it allows Muslim men to practice polygamy, inherit a greater share of property, initiate divorce and deny alimony.

Legal experts have said that the legislation has primarily drawn from Hindu personal law and could lead to the erasure of the personal law practices of minority communities.

In the case of Shahnaz Begum, her husband argued that her siblings were not entitled to the property as he had purchased it for her out of affection, The Indian Express reported.

It was not given to his wife from her parental side, he claimed, adding that the the matter was barred by limitation as she had passed away in 2014. However, Begum’s siblings claimed that the property was acquired by Begum herself.

The High Court observed that property was jointly acquired by the husband and wife, both teachers, with their income and pensions. It applied the principles of Muslim inheritance law and stated that the share of the siblings would be calculated only on the basis of Begum’s share.

Begum’s husband would be entitled to 75% share in the property, her brothers 10% each and her sister would receive 5%, the High Court ruled.

In his order, Sanjeevkumar also noted that Begum’s sister received a lesser share than her brothers under the existing law.

“This is one of the circumstances of discrimination between brothers and sister, but that is not found under Hindu Law,” Sanjeevkumar observed in his order. “The brothers and sisters are equally having status/right/entitlement and interest under Hindu Law. Therefore, this is an example for necessity of making Law on ‘Uniform Civil Code’.”

Also read: