Supreme Court to Examine Plea Against Muslim Inheritance Law, Suggests Deferring to Parliament for UCC
The Supreme Court is considering a plea challenging provisions of the Shariat Application Act, 1937, which allegedly discriminates against Muslim women in inheritance by giving them a smaller share than men. While acknowledging the discrimination, the bench orally suggested deferring to Parliament's wisdom to enact a Uniform Civil Code (UCC) rather than judicially striking down the Act, fearing it could create a legal vacuum. The court referenced the Mary Roy vs State of Kerala judgment, which secured equal inheritance rights for Syrian Christian women. The Chief Justice questioned whether striking down the Act would lead to re-legislation by the court, emphasizing the complexities of judicial intervention versus legislative action on personal laws.
Key Points
- The Supreme Court is hearing a plea challenging the Shariat Application Act, 1937, for alleged discrimination against Muslim women in inheritance.
- The court expressed concern that striking down the Act could create a legal vacuum in Muslim inheritance law.
- The bench suggested that enacting a Uniform Civil Code (UCC) through Parliament would be a more appropriate solution, aligning with Article 44 of the DPSP.
- The petitioner cited the Mary Roy vs State of Kerala judgment, which granted equal inheritance rights to Syrian Christian women.
- The court will list the case, considering the complexities of judicial intervention versus legislative action on personal laws.
Exam Facts
- The challenged law is the Shariat Application Act, 1937.
- Muslim women receive a one-eighth or one-fourth share (widows) and half of a son's share (daughters) under the current law.
- Article 44 of the Directive Principles of State Policy (DPSP) calls for a Uniform Civil Code.
- The landmark judgment Mary Roy vs State of Kerala nullified the discriminatory Travancore Christian Succession Act, 1916.
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