Karnataka High Court Advocates Uniform Civil Code to Ensure Equal Rights for Women
The Karnataka High Court has recommended the implementation of a Uniform Civil Code (UCC), stating that it would ensure equality for women regardless of caste and religion. This statement was made in a recent ruling released on April 6, 2025, concerning a property dispute. The court observed that under Hindu law, daughters have equal rights to inheritance as sons, a provision not mirrored in Muslim personal law. Acknowledging this disparity, the court emphasized the need for legislation that guarantees equal rights for all citizens, particularly women.
Justice Hanchate Sanjeev Kumar highlighted that while women in India are considered equal, religious personal laws create divisions among them. He pointed out that under Hindu law, a daughter receives an equal share of inheritance, whereas Islamic law does not provide the same equality for daughters. The case involved a Muslim woman’s property dispute, where her sister received a lesser share compared to her brothers, which the court deemed discriminatory.
The court referenced Article 44 of the Constitution, which urges the state to strive for a uniform civil code for its citizens. The judge stated that the enforcement of this law would not only provide justice to women but also fulfill the constitutional goals of equality, freedom, justice, and brotherhood. He urged both central and state governments to make serious efforts to legislate and implement the UCC. The court noted that states like Goa and Uttarakhand have already enacted the UCC, urging others to follow suit.
This ruling arose during a property dispute within a Muslim family, where disagreements emerged regarding the distribution of assets following the death of Abdul Basheer Khan. The lower court had allocated shares in three properties to his daughter, Shahbaz Begum, a decision upheld by the High Court. The sons appealed against this ruling, but the court dismissed their appeal, also rejecting Shahbaz Begum’s request for a larger share.
This decision underscores the Karnataka High Court’s view that the UCC is essential for women’s rights and equality. The court believes it would not only provide justice to women but also eliminate disparities caused by religious and personal laws in the country. This ruling may further fuel ongoing discussions about the UCC in India, a topic that has been widely debated in political and social circles for some time.
