The Supreme Court on Tuesday expressed its support for the Uniform Civil Code in the country while hearing a petition challenging provisions of Muslim personal law that allegedly discriminate against women, Live Law reported.

The petition challenges the 1937 Muslim Personal Law Shariat Application Act, alleging that its provisions discriminate against women on matters such as succession.

A bench of Chief Justice Surya Kant and Justices Joymala Bagchi and R Mahadevan said that declaring personal laws void would create a legislative vacuum, Bar and Bench reported.

“…It is best to defer it to legislative wisdom so that the legislature brings about a law on Uniform Civil Code,” Bagchi said. “This court has already recommended Uniform Civil Code.”

Kant concurred with Bagchi’s view and said: “The answer, as correctly said, is the Uniform Civil Code.”

The Uniform Civil Code refers to a common set of laws governing marriage, divorce, succession and adoption for all citizens. Currently, such personal affairs of different religious and tribal groups are based on community-specific laws, largely derived from religious scripture.

During the hearing on Tuesday, lawyer Prashant Bhushan argued that if provisions of the Muslim Personal Law Shariat Application Act are struck down, the Indian Succession Act would apply in the vacuum, Live Law reported.

Bagchi questioned Bhushan’s contention. “If the 1937 Act is not there, will Muslim succession not be governed...

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