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Supreme Court queries centre on Muslim Personal Law and UCC

With the debate heating up on the Centre’s plan to introduce a Uniform Civil Code (UCC) in India, the Supreme Court has asked the Centre whether people born into Muslim families can invoke secular law with regard to property or if they are confined to Sharia, the Muslim personal law. A bench led by Chief Justice Sanjiv Khanna has provided four weeks for the government response and put the matter up for further hearing on May 5.

The case has been brought forth by Safiya PM from Kerala, who wishes to bequeath her entire property to her daughter. Her petition highlights that her son, who is autistic, requires care from his sister. Under Sharia law, a son is entitled to twice the share of a daughter when dividing parental property. Safiya argues that if her son were to die from his condition, her daughter would inherit only one-third of the estate, while the rest would go to a relative.

In her petition, Safiya emphasizes that she and her husband do not actively practice Islam, thus requesting the right to distribute her property according to the Indian Succession Act, which currently does not apply to Muslims. This challenge aims to address the discrepancies within inheritance laws.

During the court proceedings, Solicitor General Tushar Mehta remarked on the case’s significance, describing it as “very interesting.”

This legal battle takes place in the context of the Bharatiya Janata Party’s (BJP) effort towards enforcing a UCC, advocating uniform civil laws for all irrespective of their religion. The criminal law is very uniform, but different communities follow different laws on inheritance, adoption, and succession. Critics of the UCC fear that its implementation would curtail religious freedom and step up the reduction in India’s cultural diversity.

The first state to introduce a UCC was Uttarakhand, and Chief Minister Pushkar Singh Dhami said that it marked a historic milestone for the state and would ensure equal rights for all citizens, regardless of caste, religion, or gender. He said, “UCC is a constitutional measure to end legal discrimination. Through this, an attempt has been made to provide equal rights to all citizens.”

In a recent independence day speech, Prime Minister Narendra Modi made reference to the Supreme Court’s orders on a common civil code, which is an issue of national debate.

Source
NDTV

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