New Delhi, April 16: The Supreme Court has issued a notice to the central government regarding a significant case related to the inheritance rights of Muslim women. This case stems from a public interest litigation (PIL) challenging the Sharia-based inheritance laws, highlighting the alleged discrimination faced by Muslim women. The court has deemed this matter constitutionally important and has sought a detailed response from the government.
The petition raises the question of whether a Muslim individual can opt out of being governed by Muslim personal law and instead manage inheritance matters under the Indian Succession Act. The petitioner argues that the current system does not provide Muslim women with equal property rights, which contradicts the fundamental rights enshrined in the Constitution.
During the hearing, Chief Justice D.Y. Chandrachud posed a crucial question about whether a non-Muslim could file such a petition. He clarified that the court could delve deeper into the matter only if the directly affected Muslim women come forward as petitioners and demonstrate that their rights are being impacted.
Senior advocate Prashant Bhushan, representing the petitioner, argued that several Muslim organizations have expressed written support for this petition. He emphasized the need to protect the inheritance rights of Muslim women, stating that the existing provisions hinder this goal. Bhushan also contended that it is not a mandatory religious practice under Islam for an individual to be restricted in bequeathing their self-acquired property as per their wishes.
Justice Baghchi remarked that such reforms ideally should originate from within the community rather than through judicial intervention. In response, Bhushan asserted that abolishing discriminatory laws certainly falls within the jurisdiction of the Supreme Court.
The issue of Article 25, which pertains to the freedom of religion, was also raised during the proceedings. The Chief Justice noted that it is essential for the actual affected parties, namely Muslim women, to be included as parties or interveners in the case to avoid any appearance of external interference. A debate also emerged regarding the Uniform Civil Code (UCC). Bhushan stated that if the UCC is implemented, it should incorporate the most liberal and non-discriminatory provisions from all religions. He further pointed out that inequalities exist not only in Muslim laws but also in Hindu inheritance laws, which need reform based on various communities and traditions.
Justice Baghchi questioned whether social reform falls within the judiciary’s purview. Bhushan responded that it is the court’s duty to eliminate laws that are clearly discriminatory. For now, the Supreme Court has requested a response from the central government and instructed the petitioner to include actual affected Muslim women as parties in the case.
Arpit Soni has had a passion for journalism since the beginning. Now he has turned this hobby into his profession. Arpit, who is a resident of Udaipur, enjoys editing and writing news related to journalism. He has worked as a Senior Content Producer in several important roles at Bhaskar, Patrika, Pratahkal, Punjab Kesari, and Times. Arpit completed his schooling in Udaipur and Jaipur. He has been working in the media industry for more than 10 years, and his journey is still continuing. ✍️📚
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