“We Don’t Know if UCC Will Be Considered”: Supreme Court Awaits Government’s Reply on Petition for Secular Law Over Sharia

Thank you for reading this post, don't forget to subscribe!

The Supreme Court has sought the Centre’s response to a petition by a Kerala woman, Safiya PM, who seeks to be governed by secular laws instead of Sharia. The petitioner, a former Muslim, argues for the application of the Indian Succession Act, 1925, raising concerns over inheritance rights for non-believers.

New Delhi: The Supreme Court today (Oct 24) sought the Union of India’s response in a writ petition filed by a Kerala-based woman, Safiya PM, born into Islam but now identifying as a non-believer. Safiya contended that she should be governed by secular statutes instead of Sharia law. Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, while hearing the case, remarked,

“The Succession Act clearly says that it will not apply to a Muslim. It is clearly in the teeth of the Act.”

Advocate Prashant Padmanabhan, representing Safiya, highlighted that the petition had come up for the first time after notice. Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Union, argued, “She is asking as a practicing Muslim who wants to be governed by the Indian Successions Act.” Bhati also mentioned that the Uniform Civil Code (UCC) is currently under government consideration, though no legislative decision has been made yet.

Read Also: [Tirupati Laddu Adulteration Row] Supreme Court Scheduled To Hear On Nov 22

The Court directed the government to file a counter-affidavit and acknowledged that the matter required further consideration, stating,

“This will require consideration. You file a counter, since we have issued notice.”

On May 1, the Court had issued notice in this petition.

Safiya’s writ petition seeks a declaration that non-believers like her should have the option to opt out of Sharia law and be governed by the Indian Succession Act, 1925. The petition asserts,

Read Also: “In Democratic Nations, Freedom to Express One’s Views is Respected”: SC Grants Protection to Journalist Facing Charges for Tweet on Caste Bias in UP Administration

“Persons who do not want to be governed by the Muslim Personal Law must be allowed to be governed by the secular law of the country.”

As General Secretary of Ex-Muslims of Kerala, Safiya argued that current legal frameworks fail to protect individuals like her, who wish to renounce their faith and be governed by secular laws, citing concerns over inheritance rights and fundamental civil liberties.

FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE