Bengaluru (Karnataka) –‘It is time to implement a Uniform Civil Code in the country. Implementing a Uniform Civil Code is an important step towards realizing the fundamental ideals of the Constitution such as justice, equality, secularism and national unity, the Court observed. A single bench of Justice Hanchate Sanjeev Kumar expressed this opinion while hearing a case related to a property dispute. The case concerned the division of property of a Muslim woman, Shahnaz Begum, after her death, in which the woman’s husband and her siblings were parties. The Court found that there was a wide disparity in the rights of women under different religious laws, which violated the constitutional principle of equality.
“Time to implement the Uniform Civil Code (UCC) in the country” — Karnataka High Court
Justice Sanjeevkumar underscores the UCC as essential to uphold constitutional values: equality, justice, and secularism.
The court also highlighted the unequal treatment of women under… pic.twitter.com/CX9kr8ch4L
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1. Referring to the thoughts of the framers of the Constitution like Dr Bhimrao Ambedkar, Sardar Patel, Dr. Rajendra Prasad and Maulana Hasrat Mohini, Justice Hanchate Sanjeev Kumarsaid that only a uniform law can lay the foundation of true democracy.
2. Justice Kumar said that Article 44 of the Constitution mentions a Uniform Civil Code and only by implementing it, will citizens be guaranteed equality and justice. He particularly highlighted the unequal status of women. Women are still deprived of equal rights due to personal laws based on religion. For example, under the Hindu law of inheritance, daughters get equal rights, while under Muslim law, sisters get a lesser share in property than their brothers.
3. The States of Goa and Uttarakhand have implemented the Uniform Civil Code. Now it is time to implement it across the country, the Court added.
4. The Karnataka High Court ordered that a copy of its judgment be sent to the Principal Law Secretaries of the Union and Karnataka State Governments, so that they can initiate legal proceedings on it.