SC to examine if Muslim personal laws violate basic rights of women

NEW DELHI: The Supreme Court decided on Wednesday to examine if Islamic laws governing marriage and inheritance violated the fundamental rights of women and take a call on how far it can intervene to modify codes that are among India’s most politically sensitive.

HT Image

The top court said the validity of controversial Islamic practices such as triple talaq, polygamy and alleged gender bias in inheritance laws will be evaluated on the touchstone of constitutional principles and precedents.

“We have to hear all of them and take a call on to what extent courts can interfere in Muslim personal laws if courts find they are in violation of the fundamental rights,” a bench headed by Chief Justice of India TS Thakur said.

The decision came after a batch of petitions filed by Muslim women said the practices were exploitative and violated fundamental rights of equality and non-discrimination guaranteed by the Constitution.

India has separate sets of personal laws for each religion governing marriage, divorce, succession, adoption, custody and maintenance.

While the overhaul of Hindu law began in the 1950s and continues, activists have long argued that Muslim personal law, which has remained mostly unchanged, is tilted against women.