‘Now is the Time’ — Top Court Urges UCC Amid PIL on Muslim Women’s Equal Rights

The Supreme Court of India on Tuesday observed that the time may have come to seriously consider implementing a Uniform Civil Code (UCC) to ensure equal rights for women across religions, particularly highlighting the challenges faced by Muslim women under existing personal laws.

The remarks were made by a three-judge bench led by Surya Kant along with Justices Joymalya Bagchi and R. Mahadevan while hearing a public interest litigation (PIL) that raised concerns about gender inequality in Muslim personal law.

PIL Challenges Inequality in Muslim Personal Law

The petition questions certain provisions under the Muslim Personal Law (Shariat) Application Act, 1937, particularly those related to inheritance rights for women. The plea argues that these provisions create disparities that place Muslim women at a disadvantage compared to men.

Senior advocate Prashant Bhushan, appearing for the petitioners, urged the court to ensure equal inheritance rights for women. He also agreed to amend the petition to include alternative reliefs suggested by the bench.

Court Highlights Issues in Personal Laws

During the hearing, the bench highlighted several longstanding concerns in personal laws, including:

• Unilateral talaq by Muslim men without proper due process

• Polygamy permitted under certain personal laws

• Unequal inheritance provisions that disadvantage women

The judges noted that such practices raise important questions about gender justice and equality before law.

‘Uniform Civil Code Is the Answer,’ Says CJI

Chief Justice Surya Kant remarked that addressing issues like bigamy or unequal rights across personal laws would require legislative intervention rather than purely judicial action.

“As rightly said, the answer is the Uniform Civil Code,” the CJI observed, emphasising that a uniform legal framework could ensure equality and consistency in civil matters such as marriage, divorce, and inheritance.

Judiciary Suggests Legislative Route for Reform

Justice Joymalya Bagchi suggested that instead of courts invalidating personal laws, it may be more appropriate for Parliament to undertake comprehensive reforms through legislation.

Such an approach, he noted, would allow policymakers to carefully balance constitutional principles with the sensitivities of India’s diverse religious communities.

Petition to Be Amended, Hearing Deferred

The Supreme Court allowed the petitioners to file an amended plea incorporating additional reliefs. However, the bench deferred further hearings while reiterating the importance of addressing gender discrimination embedded in personal laws.

Debate on Article 44 Revived

The court’s observations have once again revived discussions around Article 44 of the Constitution of India, which directs the state to endeavour to implement a Uniform Civil Code for all citizens.

The issue has long been a subject of national debate, balancing the principles of gender equality and legal uniformity with India’s pluralistic social structure.