Our Country needs Uniform Civil Code To Accelerate Dream Of Equality Among Women Irrespective Of Their Caste & Religion: Karnataka High Court
The Karnataka High Court requested the Parliament and State Legislatures to “make every endeavour” to enact a statute on the UCC
The Karnataka High Court has remarked that the enforcement of the Uniform Civil Code will accelerate the “dream” of equality among women irrespective of their caste and religion.
Though the Judgment in the case was passed on April 4, 2025, the same was published on the website of the High Court only recently.
The Court requested the Parliament and State Legislatures to “make every endeavour” to enact a statute on the Uniform Civil Code (UCC). The Court stated that under the Mahomedan Law, the status and rights of daughters are not equal to the status and rights of the daughters as per Hindu Law wherein daughters have equal rights along with the sons. This distinction, the Court pointed out, was why it is necessary to have the UCC to fulfill the mandate of Article 14 of the Constitution.
A Single Bench of Justice Hanchate Sanjeevkumar held that “our Country needs Uniform Civil Code in respect of their Personal Laws and Religion, only then the object of Article 14 of the Constitution of India will be achieved. A ‘Daughter’ under Hindu Law is having equal status/right/entitlement and interest as that of Son and in case of wife she is having equal status as that of husband, this is more or like fulfilling object and principle enshrined under Article 14 of the Constitution of India, but it is not so under the Mahomedan Law.”
Advocate Irshad Ahmed appeared for the Appellants, while Advocate Mohamed Sayeed represented the Respondent.
Brief Facts
The Appeal was filed by the Appellants challenging a Judgment of the Trial Court which granted them a lesser share in a suit for partition.
Court’s Observations
The High Court referred to Dr. B.R. Ambedkar's arguments in favour of the UCC in the Constituent Assembly, pointing out that India already has uniform laws in most aspects of civil law, except for marriage and succession.
The Bench also referred to the Supreme Court’s decision in Mohd. Ahmed Khan v. Shah Bano Begum (1985) which suggested the Parliament to enact a law on the UCC. It was held, “A belief seems to have gained ground that it is for the Muslim community to take a lead in the matter of reforms of their personal law. A common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies. No community is likely to bell the cat by making gratuitous concessions on this issue. It is the State which is charged with the duty of securing a uniform civil code for the citizens of the country and, unquestionably, it has the legislative competence to do so.”
“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 Court is of the opinion that bringing a law on Uniform Civil Code and its enforcement certainly give justice to women, achieve equality of status and opportunity for all and accelerate the dream of equality among all women in India irrespective of caste and religion and also assure dignity individually through fraternity,” the Court held.
“As in the present case, the plaintiffs being two brothers and sister of deceased Shahnaz Begum, though plaintiff No.3 being sister is entitled to share as residuary but not as sharer. This is one of the circumstances of discrimination between brothers and sister, but that is not found under Hindu Law. The brothers and sisters are equally having status/right/entitlement and interest under Hindu Law. Therefore, this is an example for necessity of making Law on Uniform Civil Code,” the Court remarked.
Consequently, the Court ordered, “Therefore, the Registrar General is requested to forward copy of this judgment to the Principal Law Secretaries of both Union of India and State of Karnataka with a hope that the Union of India and State of Karnataka will make endeavour in this regard in enacting the Legislation on Uniform Civil Code achieving object of the Article 44 of the Constitution of India.”
Accordingly, the High Court dismissed the Appeal.
Cause Title: Samiulla Khan & Ors. v. Sirajuddin Macci (Neutral Citation: 2025:KHC:14374)