Personal laws deprive women of rights, Supreme Court backs need for uniform civil code

Striking down personal laws may create legal vacuum, Supreme Court warns

March 10, 2026

Uniform civil code may address gender inequality in personal laws: Supreme Court

Uniform civil code key to women’s rights, says Supreme Court

The Supreme Court of India on Tuesday observed that personal laws followed by different religious communities continue to deprive a significant section of Indian women of their rights, and noted that a Uniform Civil Code could help address the issue.

However, the court cautioned that striking down all personal laws at once could create a legal vacuum and have far-reaching consequences across communities.

The remarks came during the hearing of a petition challenging the succession rights of Muslim women under the Muslim Personal Law (Shariat) Application Act, 1937. The plea argued that inheritance provisions under the law discriminate against Muslim women.

Court suggests broader examination of personal laws

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi said the issue of gender discrimination is not confined to a single community.

The judges observed that if Muslim women’s inheritance rights under Sharia law are examined, scrutiny could also extend to other personal law systems, including provisions related to the Hindu Undivided Family.

The bench noted that several personal law frameworks across communities may contain provisions that disadvantage women.

Court warns against creating legal vacuum

Justice Bagchi cautioned that invalidating entire personal law systems through judicial intervention could create serious legal and social complications.

“Striking down an entire personal law can create a void in society,” the bench said, noting that such a move would affect not only Muslims but also Hindus and other communities governed by personal laws.

The court suggested that reforms in this area may be better addressed through legislation, allowing Parliament to frame a Hindu Undivided Family.

Uniform civil code suggested as long-term solution

Chief Justice Surya Kant said the concerns raised in the petition point toward the broader debate on implementing a Uniform Civil Code, which seeks to apply a common set of laws governing marriage, inheritance, adoption and divorce to all citizens regardless of religion.

Currently, different religious communities in India follow separate personal laws on family matters.

The court’s observations come amid renewed political discussion on implementing the Uniform Civil Code, an issue supported by the Bharatiya Janata Party but opposed by some groups who argue that it could interfere with religious practices.

Petition refers to triple talaq judgment

Senior advocate Prashant Bhushan, appearing for the petitioner, argued that the court could declare that Muslim women’s personal law rights cannot be inferior to those of Muslim men.

He referred to the Supreme Court’s landmark ruling in the Shayara Bano v. Union of India, which struck down the practice of instant triple talaq as unconstitutional.

Bhushan argued that since the Muslim Personal Law (Shariat) Application Act recognises discriminatory inheritance provisions, the court has the authority to intervene in the statute.

Court asks petitioner to amend plea

The bench advised the petitioner to broaden the scope of the plea and suggest possible alternatives in case personal laws are struck down.

The Chief Justice said that reforms must ensure women are not inadvertently placed in a worse position.

“In our over-anxiety for reforms, we may end up depriving them, and they might end up getting less than what they are already getting,” the court observed.

The petitioner has been granted time to file an amended plea highlighting discrimination faced by women under personal laws. The matter will be heard again on a later date.

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