‘Discrimination’: Karnataka High Court Criticises Muslim Inheritance Law, Urges State And Centre To Enact Uniform Civil Code

The Karnataka High Court has recommended that both the state and Union governments strive to enforce the Uniform Civil Code (UCC) to promote the vision of equality for all Indian women, irrespective of their caste or religion.

This statement was made in a 4 April ruling concerning the inheritance of property owned by a late Muslim woman, where the woman’s sister received a lesser share than her brothers under the existing law, Indian Express reported.

The order mentioned that the deceased Shahnaz Begum's sister is entitled to share as residuary but not as sharer, which shows "one of the circumstances of discrimination between brothers and sister, but that is not found under Hindu Law."

"The enactment of legislation on Uniform Civil Code as enshrined under Article 44 of the Constitution of India will achieve the object and aspirations enshrined in the Preamble of the Constitution of India, bringing about a true secular democratic republic, unity, integrity of the nation, securing justice, liberty, equality and fraternity," the order added.

"The Court is of the opinion that bringing a law on Uniform Civil Code and its enforcement certainly gives justice to women, achieves equality of status and opportunity for all and accelerates the dream of equality among all women in India irrespective of caste and religion," the order concluded.

The court additionally instructed that copies of the ruling be sent to the primary legal secretaries of both the state and Union governments, with a request for an effort to legislate the Uniform Civil Code.