Supreme Court Examines Gender Bias in Shariat Law

The Supreme Court is reviewing a Public Interest Litigation that challenges certain provisions of the Muslim Personal Law (Shariat) Application Act, 1937. The plea claims the law discriminates against women by allotting them smaller inheritance shares compared to men, allegedly violating the right to equality under Article 14.

The Supreme Court on Thursday sought an explanation from the Centre regarding a Public Interest Litigation (PIL) that calls into question the constitutional validity of some aspects of the Muslim Personal Law (Shariat) Application Act, 1937.

A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, responded to submissions from lawyer Prashant Bhushan. Bhushan, representing petitioners Poulomi Pavini Shukla and the Nyaya Naari Foundation, argued that the existing Shariat inheritance rules are markedly discriminatory against women.

The plea contends that these rules often permit women to receive only half or even less of the inheritance share that their male counterparts obtain, contravening Article 14 of the Constitution, which ensures the right to equality. Bhushan further argued that the issue of succession is civil, not a protected religious practice under Article 25.

(With inputs from agencies.)