Supreme Court Issues Notice on Plea Challenging Muslim Personal Law

The Supreme Court of India on April 16 issued notice to the Union Government on a writ petition challenging provisions of the Muslim Personal Law (Shariat) Application Act 1937 as discriminatory against women.

A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi was hearing a petition filed under Article 32 by Advocate Poulomi Pavani Shukla along with the Nyaya Naari Foundation, represented by Aisha Jawaid.

Background of the Case

The petition challenges the constitutional validity of Shariat law provisions relating to intestate succession and inheritance, alleging denial of equal property rights to Muslim women.

The petitioners argue that after the enactment of the Uniform Civil Code of Uttarakhand 2024, Muslim women in Uttarakhand enjoy equal inheritance rights, while women in other states continue to face unequal treatment, resulting in geographical discrimination.

Court’s Observations

During the hearing, the bench raised concerns regarding judicial interference in personal laws. Chief Justice Surya Kant observed that the Uniform Civil Code is a constitutional ambition and not related to religion. The Court questioned whether such issues should be addressed by the legislature rather than the judiciary.

Justice Joymalya Bagchi emphasized that reform should come from within the community, while also highlighting the importance of a scientific and rational outlook as part of constitutional duties. The bench also directed the petitioners to bring actual aggrieved persons on record.

Petitioners’ Arguments

Senior Advocate Prashant Bhushan argued that personal law is not protected under Article 25 if it violates fundamental rights. He submitted that practices granting women half or lesser inheritance compared to men are discriminatory and violate Articles 14, 15, and 21. He further argued that if such provisions are struck down, the Indian Succession Act 1925 can be applied.

He also pointed out that Muslim law restricts testamentary freedom, allowing only one-third property disposition, thereby limiting individual autonomy. The petitioners referred to similar pending cases, including Sufiya PM v. Union of India and Naushad K.K v. Union of India.

Reliefs Sought: The petition seeks:

• Declaration that Section 2 of the Shariat Act is unconstitutional for denying equal inheritance rights
• Recognition that such rules are not essential religious practices under Article 25
• Removal of geographical inequality after the Uttarakhand UCC
• Grant of equal inheritance and testamentary rights to Muslim women across India
• Direction to the Union Government to amend laws ensuring gender equality in succession

Court’s Direction

The Supreme Court issued notice and tagged the matter with similar pending petitions. The Court directed the petitioners to place affected individuals on record, observing that the issue raises a significant constitutional question while also being sensitive in nature.

Case Title: Poulomi Pavani Shukla v. Union of India