Supreme Court Reviews Alleged Gender Discrimination in Shariat Law
The Supreme Court agreed to hear a public interest litigation challenging the 1937 Muslim Personal Law's constitutionality, primarily focusing on its alleged discrimination against women in property rights. The court seeks to balance religion and equality, highlighting the complexity in adjudicating personal laws as it ventures into legislative territory.
- Country:
- India
The Supreme Court has decided to hear a public interest litigation challenging the constitutional validity of the 1937 Muslim Personal Law, often criticized for discriminating against women regarding property rights. The court's move comes amid intense discussions on achieving a uniform civil code.
Chief Justice Surya Kant and the bench have directed the Union Ministry of Minority Affairs to respond to the plea filed by Poulomi Pavini Shukla and the Nyaya Naari Foundation. The judges stressed the importance of including Muslims who feel aggrieved by the law in the proceedings.
Lawyer Prashant Bhushan, advocating for the petitioners, argues that the law violates the fundamental right to equality. He suggests that the Indian Succession Act should be applied to Muslims, bypassing discriminatory practices. However, the court remains cautious about overstepping its bounds and assuming legislative powers.
(With inputs from agencies.)
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