'Uniform Civil Code only way to ensure equal rights for women': Supreme Court

New Delhi: The Supreme Court on Tuesday said that the only way to ensure equal rights to all women in the country is to bring in Uniform Civil Code as it took up a PIL questioning the succession provisions under Muslim personal law (Shariat).

"It is true that a large section of Muslim society are deprived of equal inheritance rights but if the inheritance provision of Shariat Law is struck down, then what law should govern the inheritance? The answer, as correctly said, is the Uniform civil code. The only way to ensure equal rights to all women in the country is to bring in Uniform Civil Code across India," a bench of Chief Justice of India Surya Kant, and Justices R Mahadevan and Joymalya Bagchi said.

The court was considering a plea by Poulomi Pavini Shukla and others, seeking equal inheritance rights for Muslim women.

While acknowledging that there were many asymmetries in different societies including the tribals, the court, however, questioned the petitioners if these can be struck down by the court.

The bench also asked if the equality goal of one man-one woman, that is monogamous marriage, has been achieved.

"Can this court strike down all polygamous marriages in the country?'' the bench further asked.

Advocate Prashant Bhushan, appearing for the petitioner, contended that Shariat law stated that women entitled to half of what men are entitled to. This court in the Shayara Bano (triple talaq case) held that even triple talaq was part of personal law but still struck down since it was arbitrary, against public policy and violative of Article 14 of the Constitution.

The bench also said, instead of declaring personal laws void and creating a vacuum, it was best to refer it to the legislative wisdom so that the legislature brings about a law on the Uniform Civil Code.

The bench emphasized, this court has previously recommended the Uniform Civil Code. "For a Muslim man, he can divorce unilaterally, by any procedure you follow."

"So can we declare all bigamous relations founded on personal law as invalid? No. So we have to defer to legislative power to bring fundamental duties in effect," the bench said.

The court also said, the judicial intervention would be advisable on a petition filed by Muslim women themselves.

Stressing that it was a question of equality, Bhushan, however, said that some of the petitioners are Muslim women.

The bench asked him to amend the petition to incorporate remedies in the event the Shariat inheritance provisions are struck down.