SC notice to Centre on Muslim inheritance law:Petition alleges discrimination against women

The Supreme Court on Thursday sought the Centre’s response to a public interest litigation (PIL) challenging the constitutional validity of certain provisions of the Muslim Personal Law (Shariat) Application Act, 1937, on the grounds that they are allegedly discriminatory against women. A Bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Panchol, issued notice to the Union Ministry of Minority Affairs after hearing submissions by advocate Prashant Bhushan, appearing for petitioners Poulomi Pavini Shukla and the Nyaya Naari Foundation. Petition flags ‘discriminatory’ inheritance rules The plea contends that existing inheritance provisions under the Shariat Act are “manifestly discriminatory”, often granting Muslim women half or even less of the share allotted to male counterparts. Bhushan argued that the 1937 law violates Article 14 (right to equality) of the Constitution. He further submitted that succession is a civil matter and does not fall within the ambit of “essential religious practices” protected under Article 25. “This is a very important constitutional issue that requires consideration by this Court,” Bhushan said, urging judicial scrutiny. The Bench agreed to issue notice and tagged the matter with similar pending petitions. Overlap with ongoing cases The court noted that it is already hearing petitions filed by Muslim individuals seeking the application of the Indian Succession Act instead of Shariat law in matters of inheritance. Highlighting the issue, Bhushan said that granting women “half or even less than half” of the share given to men is inherently discriminatory. Uttarakhand UCC cited in challenge The petition also argues that the enactment of the Uniform Civil Code (UCC) in Uttarakhand in 2024 has created unequal civil rights among Muslims based on geographical location. It contends that while Muslim women in Uttarakhand are entitled to equal inheritance under the UCC, those in other states remain governed by unequal provisions of the Shariat Act, resulting in unconstitutional discrimination. Key reliefs sought According to Live Law, the petition seeks multiple directions from the apex court, including: 1. A declaration that Section 2 of the 1937 Act, in so far as it governs intestate succession and inheritance, is void under Articles 13, 14, 15, and 21 to the extent that it discriminates against Muslim women. 2. A ruling that inheritance rules under the Shariat Act do not constitute essential religious practices under Article 25 and are therefore subject to constitutional scrutiny. 3. A finding that the coexistence of the Uttarakhand UCC and the Shariat Act creates unconstitutional geographical classification among Muslim women. 4. Interim directions to ensure uniform, gender-equal testamentary and inheritance rights for Muslims across India until Parliament amends the law. 5. A direction to the Union government to amend succession laws to ensure equality in line with constitutional guarantees and the Uttarakhand UCC framework.
Constitutional questions at the core The case raises significant questions on the intersection of personal laws, gender equality, and constitutional protections, particularly whether religious personal laws governing succession can withstand scrutiny under the fundamental rights framework. ​