The Supreme Court of India has issued notice to the Centre on a PIL challenging Muslim personal law provisions as discriminatory against women. The plea argues that giving women lesser inheritance violates equality under the Constitution and is not an essential religious practice.
The Supreme Court of India on Thursday asked the Central Government to respond to a Public Interest Litigation (PIL) that challenges certain provisions of the Muslim Personal Law (Shariat) Application Act, 1937, claiming that they are discriminatory against women.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, issued notice to the Union Ministry of Minority Affairs after hearing initial arguments in the case.
The petition has been filed by Poulomi Pavini Shukla and the Nyaya Naari Foundation, represented by senior advocate Prashant Bhushan. The plea raises serious concerns about gender inequality in inheritance rules governed by Shariat law in India.
According to the petition, the current inheritance framework under the 1937 Act is “manifestly discriminatory” towards women. It highlights that, in many cases, women are given only half or even less than the share allotted to their male counterparts, which raises constitutional concerns.
During the hearing, Bhushan argued that such provisions violate Article 14 of the Constitution, which guarantees the right to equality before law. He further submitted that matters related to inheritance and succession are civil issues and should not be protected under the ambit of religious freedom.
He specifically argued that these practices do not qualify as an essential religious practice under Article 25 of the Constitution. Stressing the discriminatory nature of the law, he stated,
“Saying women will get half or even less than half compared to male counterparts is discriminatory,”.
The Supreme Court has now sought a response from the Centre, and the matter is likely to be taken up for further hearing after the government files its reply. The case is expected to spark a wider debate on personal laws, gender justice, and the balance between religious freedom and fundamental rights in India.
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