Uniform Civil Code is the answer, says SC while hearing plea challenging Shariat inheritance law

New Delhi: The Supreme Court on Tuesday remarked that the Uniform Civil Code may be the solution while hearing a petition challenging provisions of the Muslim Personal Law (Shariat) Application Act, 1937, as discriminatory against Muslim women in matters of inheritance.

A bench of Justices Surya Kant, Joymalya Bagchi and R Mahadevan made the observation during the hearing. "The answer is Uniform Civil Code," Chief Justice Surya Kant remarked, while discussing the broader issue of reforms in personal laws.

The bench was hearing a plea challenging Shariat inheritance provisions on the ground that they grant Muslim women a smaller share of property compared to male heirs.

During the hearing, the court questioned whether it could adjudicate the constitutionality of personal law practices. Justice Bagchi referred to the Narasu Appa Mali case, in which the Bombay High Court had held that personal laws are not subject to constitutional scrutiny.

The bench also raised concerns that striking down the provisions could create a legal vacuum, as there is no statutory law governing Muslim inheritance. Senior advocate Prashant Bhushan, appearing for the petitioners, argued that if such a vacuum arises, the provisions of the Indian Succession Act, 1925, could apply.

He also relied on the Supreme Court's judgment in Shayara Bano v Union of India, which struck down the practice of triple talaq, arguing that Muslim women should not be denied equal rights after that ruling.

The bench, however, cautioned that judicial intervention without legislative backing could have unintended consequences and suggested that such reforms may fall within the legislature's domain. The court also asked the petitioners to amend their plea and clarify the remedies that should apply if the Shariat inheritance provisions are struck down. The matter was then adjourned.

The petition has been filed by advocate Poulomi Pavani Shukla, along with the Nyaya Naari Foundation, represented by Aisha Jawaid.