NEW DELHI, INDIA, July 23, 2003: In a judgement delivered by the Supreme Court, Chief Justice V.N. Khare, Justice S.B. Sinha and Justice A.R. Lakshmanan struck down Section 118 of the Indian Succession Act, 1925, which discriminated against Christians by putting restrictions on their right to bequeath property for religious or charitable use, declaring it unconstitutional. The court further made a clear distinction between two provisions of the Constitution: one that guaranteed religious freedom (Article 25) and the other that stressed the necessity of a uniform code (Article 44). Dealing with the question of a uniform code, the Chief Justice of India, lamented the fact that Parliament had not enacted such legislation in spite of constitutional provision for it. He stated, “It is a matter of regret that Article 44 of the Constitution has not been given effect to. Parliament is still to step in for framing a common civil code in the country.” India has separate personal laws for the Muslim, Christian and Hindu religious communities which govern areas such as marriage, divorce and inheritance. For details of the ruling, please refer to the “source” above.
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