BENGALURU: To achieve equality of status and ensure opportunity for all women in India, irrespective of caste and religion, as enshrined in the Constitution, the Karnataka High Court requested the Union and state governments to make concerted efforts to enact a law on the Uniform Civil Code (UCC).
“Women in India are all equal. But the Personal Law according to religion makes a difference among women, though they are citizens of India. A ‘woman’ in Hindu law has the birthright of being equal to that of a son. Under Hindu law, a daughter is given equal status and right in all respects as that of a son, but the same is not so under Mohammedan law,” said Justice Hanchate Sanjeev Kumar, dismissing an appeal filed by Samiulla Khan and others from the city over a property dispute.
“Therefore, the court is of the opinion that our country needs a UCC in respect of personal laws and religion, and only then will the object of Article 14 of the Constitution be achieved. A ‘daughter’ under Hindu law has equal status, or rights, or entitlement, and interest as that of a son, and a wife has equal status as that of her husband. This is more or less fulfilling the object and principles enshrined under Article 14 of the Constitution, but this is not so under Mohammedan law,” Justice Kumar said.
In the present case, the plaintiffs are two brothers and a sister of deceased Shahnaz Begum. They were contesting the distribution of properties left behind by their deceased sister.
Justice Kumar said under Mohammedan law, plaintiff No 3, the sister, is entitled to a share as a residuary but not as a sharer. “This is one of the circumstances of discrimination between brothers and sisters that is not found under Hindu law. Brothers and sisters have equal status, or rights, or entitlement, and interest under Hindu law. Therefore, this is an example of the necessity of making a law on UCC,” the court observed.
The court is of the opinion that the enactment of legislation on the UCC as enshrined under Article 44 of the Constitution will achieve the objective and aspirations enshrined in the preamble, bringing about a true secular democratic republic.
Bringing a law on UCC and its enforcement will certainly give justice to women and achieve equality of status and opportunity for all, it said while requesting the Registrar General of the High Court to forward the copy of this judgment to the principal law secretaries of the Union and state governments.