'UCC will bring out truly secular democratic republic': Karnataka high court

BENGALURU: Karnataka high court has made a strong pitch for implementing the Uniform Civil Code (UCC), urging both the state and central govts to frame legislation under Article 44 of the Constitution.
The court emphasises that such a legislation would ensure equal and gender justice across communities.

Justice Hancha te Sanjeevkumar made this observation while handling Regular First Appeals regarding property claims of a deceased Muslim woman.
The judge said: “The enactment of legislation on UCC will achieve the objective and aspirations enshrined in the Preamble of the Constitution, bringing about a truly secular democratic republic.”

The court said such legis lation would promote gender justice, ensure equal rights and opportunities for all, and ensure individual dignity.
Justice Sanjee vkumar cited examples of Goa and Uttarakhand, which have already taken steps toward implementing UCC.

The judge directed the registrar general to forward a copy of the judgment to the principal law secretaries of the Centre and the Karnataka govt.
The case in question involved a dispute between Shahanaz Begum’s husband and her two brothers and a sister over her properties. Shahanaz, a govt school teacher, died on Jan 6, 2014. After examining the evidence, the court ruled that her 89-year-old husband is entitled to 75% share in all her properties, her two brothers to 10%, and the sister 5%.
Justice Sanjeevkumar highlighted the differences between Hindu and Muslim personal laws. While Hindu law grants daughters and sons equal inheritance rights and treats wives on par with husbands —aligning with Article 14 of the Constitution — such equality is not reflected in Muslim law.
The judge pointed out that in this case, while the brothers are considered “sharers” under Muslim law, the sister is entitled to share only as a “residuary”, leading to discrimination that does not exist in in Hindu law where “brothers and sisters have equal rights.”