‘Uniform Civil Code is the Answer,’ Says SC on Inheritance Rights for Women in Muslim Personal Law

New Delhi: The Supreme Court on Tuesday (March 10), while hearing a writ petition challenging the provisions under the Muslim personal law as discriminatory against women, made a case for the Uniform Civil Code (UCC) saying it was “the answer” for inheritance laws, LiveLaw reported.

A three-judge bench, headed by Chief Justice of India Surya Kant, and including Justices Joymalya Bagchi and R. Mahadevan, were hearing the petition by Poulomi Pavini Shukla and Nyaya Naari Foundation that challenges the 1937 Muslim Personal Law Shariat Application Act, alleging that its provisions discriminate against women on matters like succession.

The bench observed that declaring personal laws void would create a legislative vacuum, Bar and Bench reported.

Appearing for the petitioners, advocate Prashant Bhushan relied on the Supreme Court's 2017 judgment in the Shayara Bano case, which struck down 'triple talaq' as an unconstitutional practice. 

"We cannot have a situation in the country now after the Shayara Bano judgment that Muslim women will not have the same rights as Muslim men," he said, as quoted by LiveLaw, arguing that there was a statute, the Muslim Personal Law (Shariat) Application Act, 1937, which recognised such a discriminatory inheritance provision, and that the court can interfere.

Justice Bagchi questioned if the top court could interfere with the constitutionality of a personal law practice, referring to the 'Narasu Appa Mali' decision of the Bombay high court which held that personal laws cannot be subjected to constitutional tests.

“If the 1937 Act is not there, will Muslim succession not be governed by personal law as under Article 372?” he asked.

CJI Surya Kant asked if the court, in striking it down, would not create a void. 

"In our over-anxiety for reforms, we may end up depriving them and they might end up getting less than what they are already getting. If the Shariat Act 1937 goes away, then what is the question? Will it not create an unnecessary void?" the CJI asked, as quoted by LiveLaw.

Bhushan sought that the top court issue a declaration or pronouncement regarding equal inheritance rights for Muslim women as men.

Justice Bagchi then said that it was “best to defer it to legislative wisdom so that the legislature brings about a law on Uniform Civil Code,” adding that, “This court has already recommended Uniform Civil Code,” Bar and Bench reported.

“The answer is the Uniform Civil Code,” CJI Kant concurred.

The bench asked Bhushan to amend the petition to include suggestions on remedies in the event the Shariat law provisions are struck down. The matter was adjourned.

The UCC proposes a common set of laws applied to all citizens across religions and tribal groups, governing marriage, divorce, succession and adoption. At present, such matters are based on different community-specific laws. However, many questions have been raised regarding the idea of the proposed uniformity of the law.

The Bharatiya Janata Party-ruled (BJP-ruled) Uttarakhand became the first state to implement the rules of the UCC, extending the laws on marriage, divorce, inheritance and even live-in relationships between two consenting adults. 

In an article, Mrinal Pande wrote on The Wire, “The hurry with which the Bill was brought and passed on the eve of the 2024 elections clearly indicates a similar passage for the Bill in all other states…”.

In February last year, Gujarat too constituted a five-member committee under retired Supreme Court judge Ranjana Desai to study the matter and pave the way for UCC. A report by the panel was submitted to the state government in August 2025. 

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