The Supreme Court has made an important comment while hearing the PIL demanding that Muslim women be given equal rights in property as men. The court said that one way to ensure equal inheritance rights to all women of the country could be to implement the Uniform Civil Code (UCC).
During the hearing on Tuesday (March 10), the court also made it clear that this is primarily an issue related to the policy and legislative area, on which the final decision has to be taken by the Parliament and the government. The petition to give Muslim women equal rights in property as men has challenged the provisions of Muslim Personal Law in which women do not get equal share in inheritance as men. During the hearing, the bench also asked whether the court could examine the constitutional validity of the personal law.
This case is being heard by Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice R. Came before Mahadevan’s bench. During the hearing, Justice Bagchi, while referring to an old decision, said that in that decision it was held that personal law cannot be tested on the criteria of the Constitution.
‘Rights should not be taken away in the haste of reform’
The bench also raised the question that if the court strikes down Shariat succession rules, would it not create a legal vacuum, as no separate statutory law exists governing Muslim succession. Expressing concern, the Chief Justice said that in the hurry for reforms, it may happen that Muslim women are deprived of even their existing rights.
Senior advocate Prashant Bhushan, appearing for the petitioner, argued that if the succession provisions of Shariat are removed, the Indian Succession Act, 1925 can be invoked.
He said that the court can declare that Muslim women should also get equal inheritance rights as men. Bhushan also argued that the right to inheritance is a civil right and cannot be treated as an essential religious practice under Article 25 of the Constitution. In support of his argument he cited Saira Banu vs. Union of India (Triple Talaq case), in which the Supreme Court had declared triple talaq unconstitutional.
Suggestion to amend the petition
During the hearing, the bench suggested that if there is a demand to repeal the succession provisions of Shariat, then it should be made clear in the petition as to which alternative legal system will be applicable in its place. Agreeing on this, Prashant Bhushan talked about amending the petition. After this the court adjourned the hearing of the case for the time being.
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