- By Shubham Bajpai
- Sun, 06 Apr 2025 10:38 AM (IST)
- Source:JND
Batting for the Uniform Civil Code (UCC) Karnataka High Court urged the Parliament and the State Legislatures to take all required measures toward enacting it. The Karnataka HC stated that legislation is needed to achieve the ideals of justice, equality, and secularism, which are enshrined in the Constitution.
Highlighting gender disparities, the court asserted that personal laws based on religion result in unequal treatment among individuals, especially against women.
The observations were made by Justice Hanchate Sanjeevkumar while hearing a family property dispute among the heirs of Abdul Basheer Khan, who died intestate. He further added that the UCC enactment would address long-standing inequities in personal laws across religions. "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," the court stated.
The bench further observed that the lack of a uniform framework has caused inequalities against women from different faiths and religions, despite all citizens being constitutionally equal before the law.
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"A 'woman' in Hindu law has a birthright equal to that of a son. When under Hindu law, a daughter is given equal status and rights in all respects, enjoying rights as that of a son, the same is not so under Mahomedan law," Justice Sanjeevkumar wrote in his judgment.
He added, "The court is of the opinion that our country needs a Uniform Civil Code in respect of their personal laws and religion. Only then the object of Article 14 of the Constitution will be achieved."
During the hearing, the judge also underscored the Constituent Assembly debates, pointing out that the UCC has been a contentious subject since the drafting of the Constitution.
"Dr BR Ambedkar, in his most illustrious speech, argued in favour of the Uniform Civil Code," the order noted, backing Ambedkar's vision for a truly egalitarian naton.