Supreme Court seeks Centre reply on Muslim personal law PIL

The Supreme Court has sought the Centre’s response on a PIL challenging provisions of the Muslim Personal Law Act, 1937, alleging they discriminate against women, particularly in inheritance, and violate the constitutional right to equality

New Delhi: The Supreme Court on Thursday sought the Centre’s response on a PIL challenging the constitutional validity of certain provisions of the Muslim Personal Law (Shariat) Application Act, 1937, on the ground that they are allegedly discriminatory against women.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi took note of the submissions made by lawyer Prashant Bhushan, who appeared in the matter for petitioners Poulomi Pavini Shukla and the Nyaya Naari Foundation, and issued a notice to the Union Ministry of Minority Affairs.

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The plea says the current Shariat inheritance rules are “manifestly discriminatory” against women, often granting them only half or less of the share allocated to their male counterparts.

Bhushan said the 1937 Act violates Article 14 (right to equality) of the Constitution.

He said matters of succession are civil in nature and do not constitute an “essential religious practice” protected under Article 25.

“Saying women will get half or even less than half compared to male counterparts is discriminatory,” the lawyer said.