Supreme Court to probe if Muslim women can claim equality in succession amid Uniform Civil Code initiatives and rulings on triple talaq, addressing a crucial legal question with wide-reaching implications.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: Recently, The Supreme Court of India is set to address a critical legal question: whether Muslim women can assert their right to equality in matters of succession, particularly in light of the State’s efforts to introduce a Uniform Civil Code (UCC) and the 2017 Constitution bench judgment that invalidated the practice of triple talaq.
A bench comprising Justices CT Ravikumar and Rajesh Bindal has outlined significant legal questions, including whether a testator governed by Mohammedan Law is entitled to execute a will for his entire estate as per his wishes. The court will also scrutinize if a testator can legally will one-third of his estate to any of his legal heirs without the consent of the others.
“We believe that further scrutiny is necessary as the issues at hand carry significant implications, and this court has not yet issued a definitive judgment on the matter.”
-the bench remarked.
ALSO READ: Supreme Court: Reassessing the Triple Talaq Law in Light of Rights and Constitutionality
The bench further framed an issue regarding whether Muslim women can claim equality in succession in light of the Constitution’s Articles 14 (equality) and 15 (non-discrimination), and Article 44, which pertains to the State’s endeavor to secure a Uniform Civil Code for its citizens.
The court clarified that issues might be framed after hearing inputs from the amicus curiae and the Attorney General. The matter is set for a hearing on July 25. Senior advocate V Giri has been appointed as amicus curiae, and the court has also sought assistance from the Attorney General.
The bench’s decision emerged from a civil appeal by Tarsem, wherein different high courts were cited. According to these citations, a Mohammedan cannot discriminate in bequeathing his estate among his legal heirs unless they consent. This implies that all legal heirs must share the estate equally.
However, the testator is permitted to bequeath one-third of his estate to a third party, with the remaining two-thirds distributed equally among the legal heirs. This one-third bar does not apply if the legal heirs consent.
The court referred to a 1987 Karnataka High Court judgment in Narunnisa vs Shek Abdul Hamid, which held that if a Mohammedan is survived by a son and a daughter, and the daughter does not consent to the deposition by the testator of giving three-fourths of the property to the son and one-fourth to the daughter, she is entitled to claim one-third of the property as her share of inheritance, not 50 percent.
“The matter necessitates careful consideration, especially considering the evolution of circumstances since the pronouncement of those judgments by the high court. Additionally, the court’s rulings in cases such as Prakash and others vs Phulavati and others (2016) and Shayara Bano vs Union of India and others (2017) further underscore the need for a thorough review.”
-the bench noted.
ALSO READ: SC to Review Unilateral Divorce Rights for Muslim Women via Khula
The Supreme Court’s scrutiny holds profound implications for the rights of Muslim women in India, especially concerning succession and inheritance. The eventual verdict might resonate with broader endeavors to enact a Uniform Civil Code, thereby safeguarding equal rights for all citizens, irrespective of religious affiliation.
The upcoming hearing on July 25.
