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  • Supreme Court Says Time Has Come to Consider Uniform Civil Code, Leaves Shariat Law Issue to Legislature

    Supreme Court of India

    The Supreme Court has observed that the time may have come to consider implementing a Uniform Civil Code (UCC) while hearing a petition challenging certain provisions of the Muslim Personal Law (Shariat) Application Act, 1937 on the ground that they discriminate against Muslim women.

    A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and R. Mahadevan described the matter as a “very good case” but noted that the issue would be more appropriately examined by the legislature rather than the judiciary.

    The petition had sought striking down provisions related to inheritance under the 1937 Shariat law, arguing that they violate the constitutional rights of Muslim women by allowing unequal inheritance practices.

    During the hearing, the bench observed that if the court were to invalidate the Shariat inheritance provisions without a replacement legal framework, it could create a legal vacuum. The judges pointed out that there is currently no separate statutory law governing Muslim inheritance that could automatically take effect if the existing provisions were struck down.

    In this context, the court indicated that any reform or reconsideration of the law should ideally be undertaken by Parliament to ensure that a comprehensive legislative framework is put in place.

    The observations came while the court was considering the broader implications of personal laws and their interaction with constitutional principles of equality and non-discrimination.

    Law Notify Team

    Team Law Notify

    Law Notify is an independent legal information platform working in the field of law science since 2018. It focuses on reporting court news, landmark judgments, and developments in laws, rules, and government notifications.
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