The Supreme Court on Wednesday sought the Centre’s response to a public interest litigation challenging the constitutional validity of rules governing inheritance and succession under Muslim Personal Law, alleging that they discriminate against women.
A bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana agreed to examine the petition filed by Imtiazhussain Shahabuddin Mulla and issued notices to the Centre.
The petition argues that in several situations, female heirs receive a smaller share of inheritance than male heirs of the same degree. It seeks equal inheritance and succession rights for Muslim women, including in ancestral and family property.
PIL Challenges Muslim Inheritance Rules
The petitioners have argued that the existing framework results in differential property rights between men and women solely on the basis of sex.
Lawyers M Singh and Anil C Nishani argued that such differences violate Articles 14, 15 and 21 of the Constitution, which deal with equality, protection against discrimination and the right to life and personal liberty.
Nishani also argued that personal laws cannot be kept outside constitutional scrutiny when their application allegedly results in arbitrary discrimination. The petition relied on the Supreme Court’s 2017 judgment in Shayara Bano v Union of India.
The court has not yet ruled on the constitutional validity of the challenged inheritance rules. It has only sought the Centre’s response to the petition.
Petition Refers to 1937 Shariat Act
The plea focuses on the Muslim Personal Law (Shariat) Application Act, 1937. Section 2 of the Act provides that, in matters including intestate succession, Muslim Personal Law will apply to Muslims notwithstanding any custom or usage to the contrary.
The petition argues that while the Act gives statutory recognition to Muslim Personal Law in matters of succession, the substantive rules governing inheritance remain largely uncodified.
“The statutory framework assumes particular significance in view of the Muslim Personal Law (Shariat) Application Act, 1937,” the petition said.
It further questioned whether rules governing valuable property rights can continue to receive statutory recognition and judicial enforcement if they result in different treatment of male and female heirs.
Petition Seeks Equal Succession Rights
The plea has asked the Supreme Court to declare unconstitutional any rule or practice governing Muslim intestate succession that gives different inheritance rights to similarly placed male and female heirs solely because of their sex.
It also seeks directions recognising equal inheritance and succession rights for Muslim women, including rights in ancestral and family property.
The case is at an initial stage. The Supreme Court’s decision to seek the Centre’s response does not amount to a ruling that the existing Muslim inheritance rules are unconstitutional.
