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Time has come  for UCC, says SCBench says striking Shariat law could create legal vacuum without statutory framework

Time has come for UCC, says SCBench says striking Shariat law could create legal vacuum without statutory framework

Ahmedabad Mirror 2 months ago

#New Delhi

The Supreme Court on Tuesday observed that the time has come for a Uniform Civil Code (UCC) as it termed a plea seeking striking down of provisions of the Shariat law of 1937 for being discriminatory to Muslim women as a "very good case" which advisably only the legislature should look into.

A bench of Chief Justice Surya Kant and justices Joymalya Bagchi and R Mahadevan said if the court struck down the Shariat inheritance law, it would create a legal vacuum, as there is no statutory law governing Muslim inheritance.

CJI Kant told advocate Prashant Bhushan, appearing for petitioners, "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. If the Shariat Act of 1937 goes away, then what is the question? Will it not create an unnecessary void?" Justice Bagchi said, "You have a very good case on discrimination, but would it not be appropriate for the court to defer it to the wisdom of the legislature, which has the mandate to enact a Uniform Civil Code as per the Directive Principles of State Policy." CJI Kant said, "The answer is Uniform Civil Code." PTI

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