Supreme Court Advocates Uniform Civil Code to Address Gender Bias in Personal Laws

Hindustan Times - India · 12 Mar 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Supreme Court suggested that a Uniform Civil Code (UCC) could resolve gender discrimination in personal laws, referencing Article 44 of the Constitution during a hearing on Muslim inheritance rules.

Key points

Supreme Court observed that a Uniform Civil Code (UCC) may be necessary to address gender discrimination in personal laws, particularly in Muslim inheritance rules.

The bench, led by CJI Surya Kant, emphasized Article 44 of the Constitution, which directs the State to secure a UCC for all citizens.

The petition challenged provisions of Muslim personal law under the Shariat Application Act, 1937, arguing they deny women equal inheritance rights.

The court referenced the Narasu Appa Mali judgment, which held that uncodified personal laws are not subject to constitutional scrutiny.

[GS2-Polity] The debate connects to Directive Principles of State Policy (DPSP) under Article 44, highlighting the tension between DPSPs and fundamental rights.

The bench cautioned against judicial overreach, noting that striking down personal laws without a legislative alternative could create a legal vacuum.

Advocate Prashant Bhushan argued that inheritance is a civil right, not protected under Article 25 (freedom of religion), citing the Shayara Bano case (2017).

Uttarakhand has already implemented a UCC, while Gujarat has formed a committee to draft one, signaling state-level momentum.

[GS1-Society] The issue reflects broader societal challenges in balancing gender justice with religious autonomy in a pluralistic democracy.

Way Forward: Parliament should prioritize drafting a gender-just UCC, consult stakeholders to ensure inclusivity, and codify Muslim personal law to eliminate ambiguities.

Key terms

Shariat Application Act, 1937

A law that applies Islamic personal law to Muslims in India in matters like marriage, divorce, and inheritance. Critics argue it perpetuates gender discrimination, particularly in inheritance rights.

Directive Principles of State Policy (DPSP)

Non-justiciable guidelines under Part IV of the Constitution that direct the State to promote welfare and social justice. Article 44 (UCC) is one such principle, reflecting the constitutional vision of legal uniformity.

Uniform Civil Code (UCC)

A proposed common set of laws governing marriage, divorce, inheritance, and adoption for all citizens, irrespective of religion. Under Article 44 of the Constitution, it is a Directive Principle of State Policy. Its implementation remains contentious due to concerns over religious autonomy and gender justice.

Article 44

A Directive Principle of State Policy in the Indian Constitution that urges the State to secure a Uniform Civil Code for citizens. While not enforceable, it guides legislative action to harmonize personal laws across communities.