Karnataka High Court urges Parliament to enact Uniform Civil Code
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Bengaluru: The Karnataka High Court on Friday urged Parliament and state legislatures to enact the Uniform Civil Code (UCC), emphasizing that it would ensure equality for women, promote equality among castes and religions, and uphold individual dignity. The bench, led by Justice Hanchate Sanjeevkumar, made this call while hearing a petition regarding a property dispute involving Abdul Basheer Khan, who passed away without a will, leaving behind inherited immovable and self-acquired properties.
The court directed the Registrar General to forward a copy of its judgment to the Principal Law Secretaries of both the Union of India and the State of Karnataka, encouraging them to take steps toward enacting legislation for the UCC in line with Article 44 of the Indian Constitution. The court stated that the UCC would further the objectives outlined in the Preamble of the Constitution, which include ensuring justice, liberty, equality, and fraternity while promoting the unity and integrity of the nation.
In its observation, the bench stated that the UCC would provide justice to women, foster equality of status and opportunity for all, and advance the goal of equality for women, irrespective of caste or religion. It also emphasized that the UCC would protect the dignity and individuality of citizens.
The bench highlighted that states like Goa and Uttarakhand have already enacted their own UCC laws and encouraged other states to follow suit. The court reaffirmed its belief that the UCC would fulfill the aspirations of a secular democratic republic and urged Parliament and state legislatures to enact the law.
In the case at hand, the court upheld the lower court's order confirming Shanaz Begum’s entitlement to a share in three properties. The appeal filed by Abdul Basheer Khan’s sons, challenging the lower court decision, was dismissed. The court also rejected a cross-objection from Shanaz Begum, who sought a larger share in the estate.
Article 44 of the Indian Constitution mandates that the state should "endeavour to secure for the citizens a uniform civil code throughout the territory of India."
With IANS inputs