Inheritance Laws and Gender Inequality in India: The Case for a Uniform Civil Code

Abstract

India’s legal system currently allows different religious communities to regulate their Personal Laws, including inheritance, which has historically resulted in gender-biased practices. Though there have been legislative reforms such as amendment of the Hindu Succession Act in 2005 and progressive judicial rulings, disparities persist especially among Muslim, Christian, and Parsi women, who have unequal rights of inheritance compared to their male counterparts. This article analyzes how the right to religious freedom enshrined under Articles 25–28 of the Constitution sustains these inequalities and how Article 13, which subjects laws to fundamental rights, exempts Personal Laws from constitutional scrutiny. Various landmark judgments such as Narasu Appa Mali and Shayara Bano highlight the inconsistency in the judiciary’s approach to Personal Laws. Further, it is argued that religion-based legal inequalities perpetuate economic insecurity and marginalization of women especially in the matter of inheritance. The article brings to discussion how a phased introduction of a Uniform Civil Code supported by public awareness campaigns to overcome resistance can help mitigate the inequality and discrimination faced by women of different religions.