The Supreme Court on Tuesday observed that while a Uniform Civil Code (UCC) may help restore the rights of a large section of Indian women, striking down all personal laws at once could create a legal vacuum.

The remark came during the hearing of a petition challenging the succession rights of Muslim women under the Muslim Personal Law (Shariat) Application Act, 1937.

The petition alleged that the law contains discriminatory provisions relating to inheritance for Muslim women.

The Court suggested that the scope of the plea should be broadened and that the petitioners should also indicate what legal framework could replace the existing system if such provisions are struck down.

The court’s observations come at a time when the Bharatiya Janata Party has been advocating for the implementation of a Uniform Civil Code, under which the same set of laws would apply to all citizens regardless of religion. At present, different religious communities follow separate personal laws governing matters such as inheritance, adoption, marriage and divorce. Critics argue that introducing a uniform framework could amount to interference in religious practices.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that the issue is not confined to the Muslim community, noting that a significant section of Indian women across communities continues to be deprived of their rights under various personal laws.

The judges further remarked that if succession rights of Muslim women under Sharia law are examined, it may also open the door for scrutiny of other personal law systems, including aspects related to the Hindu Undivided Family under Hindu personal law.