Sarla Mudgal vs Union of India || AIR 1995 SC 1531 || Uniform Civil Code

Sarla Mudgal vs Union of India (1995)

● Court: Supreme Court of India

● Citation: AIR 1995 SC 1531

● Facts:

Sarla Mudgal was married to a Hindu man, who, after their marriage, converted to Islam and married a second woman. This practice of polygamy, permitted under Muslim law, led Sarla to approach the Supreme Court with her petition. She argued that her husband's second marriage, conducted under Muslim law, violated her rights as a woman, particularly her right to equality and dignity. Sarla contended that the practice of polygamy under Islamic law was discriminatory against women and violated the constitutional guarantees of equality, as it allowed a man to marry multiple women while women were not allowed the same privilege under Hindu law.

The case brought to the forefront the broader issue of the constitutionality of personal laws, particularly Muslim personal law, and whether the legal system should intervene to ensure gender equality. Sarla's petition asked the Court to strike down polygamy as unconstitutional and to recommend the enactment of a Uniform Civil Code (UCC) to provide equal rights for women in all communities.

The petition raised important questions about whether the state should interfere in personal laws, which were based on religious principles, and whether polygamy, which was permitted under Islamic law, could be allowed in a secular state like India, which guarantees equal rights to all its citizens.

● Issues:

1. Whether the practice of polygamy under Muslim law is unconstitutional and violates the fundamental rights of women.

2. Whether the state should enact a Uniform Civil Code to provide gender equality in personal laws across different religious communities.

● Relevant Articles:

1. Article 14: Equality before the law.

2. Article 21: Protection of life and personal liberty.

3. Article 25: Freedom of conscience and free profession, practice, and propagation of religion.

● Judgment:

The Supreme Court ruled that while polygamy is allowed under Muslim law, it was in violation of the constitutional provisions of equality and dignity for women. The Court noted that polygamy led to the exploitation and subjugation of women. It recommended the enactment of a Uniform Civil Code (UCC) that would apply equally to all citizens, irrespective of their religion, to ensure equality and justice for women. The Court acknowledged that gender equality could not be achieved unless personal laws across communities were reformed to ensure equal rights for women.

Harinya