New Delhi: The Supreme Court on Tuesday observed that the time has come for a uniform civil code, as it termed a plea seeking to strike down provisions of the Sharia Act, 1937 for being discriminatory against Muslim women as a “very good case” which would be advisable to be considered by the legislature only.
A bench of Chief Justice Surya Kant and Justices Joymalia Bagchi and R Mahadevan said that if the court strikes down the Sharia-compliant inheritance law, it will create a legal vacuum, as there is no statutory law governing Islamic inheritance.
“In being overly concerned about reforms, we may end up depriving them, and they may end up getting less than what they actually get,” Kant told advocate Prashant Bhushan, appearing for the petitioners. “If the Sharia Act, 1937 is repealed, what is the question then? Will it not create an unnecessary vacuum?”
“You have a very good case of discrimination, but would it not be appropriate for the court to defer it to the wisdom of the legislature, which has the power to enact a uniform civil code in accordance with the directive principles of state policy,” Justice Bagchi said.
“The answer is the Uniform Civil Code,” said CJI Kant.
Justice Bagchi pointed out that the “one wife, one man” rule is not applied uniformly to all communities.
“But does this mean that the court can declare all bigamy marriages unconstitutional? Therefore, we have to submit to the legislative authority to put the guidelines into effect,” he said, adding that it was better to defer the issue to legislative wisdom.
Justice Bagchi also said: “This court has repeatedly recommended to the legislature to enact a uniform civil code.”
At the outset, Bhushan maintained that the court can make a declaration that Muslim women are entitled to equal inheritance rights as men, and the provisions of the Indian Succession Act will apply if the court strikes down the Muslim Personal Law Implementation Act, 1937.
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