SC seeks Centre’s stand on Succession Act
Solicitor general Tushar Mehta, representing the Union government, agreed with the court’s assessment of the far-reaching implications of the issue.
The Supreme Court on Tuesday observed that if Muslim women, after renouncing their faith, are allowed to be governed by the Indian Succession Act instead of Muslim Personal Law, the same right must logically extend to non-believers and apostates born in other faiths. Highlighting the broad ramifications of such a legal shift -- it could decide how religious law applies to those who have renounced the faith they were born into -- the court directed the Union government to clarify its position on the matter within four weeks.
“This will run across the religions...You will have to file a counter and take a stand. If we pass an order, there must be several forms, etc, that would have to be altered. If we apply this to one faith, it will apply to all faiths,” observed a bench, comprising Chief Justice of India (CJI) Sanjiv Khanna, and justices Sanjay Kumar and KV Viswanathan.
Solicitor general Tushar Mehta, representing the Union government, agreed with the court’s assessment of the far-reaching implications of the issue. He assured the bench that the Centre would submit a “well-considered” response.
The bench also pointed out that individuals who convert or renounce their faith in other religions lose their inheritance rights under laws such as the Hindu Succession Act. “There are legal provisions that disqualify persons after conversion or renouncing faith in other religions as well. You will have to put your reply on record,” the bench said, granting the Centre time to file its counter affidavit.
It added that any shift in the legal position would require amendments to various legal documents and procedures, affecting multiple religious communities.
The case centres around a petition filed by Safiya PM, a Muslim woman from Kerala and the president of an organization representing former Muslims. Safiya contended that Muslims, particularly those who renounce their faith, should have the choice to be governed by the Indian Succession Act instead of Muslim Personal Law, which currently regulates inheritance and succession for Muslims.
Safiya’s lawyer, advocate Prashant Padmanabhan, told the bench that under Muslim Personal Law, she would only inherit one-third of her father’s property, despite having an autistic brother who is entirely dependent on her. Padmanabhan also informed the court that Safiya had filed a challenge to Section 58 of the Indian Succession Act, 1925, which specifically excludes Muslims from its purview.
In April 2024, the top court had agreed to examine the broader question of whether a secular law governing wills and inheritance could apply to Muslims. The bench acknowledged the complexities raised by the exclusion of Muslims from the Indian Succession Act, noting that it posed significant challenges for individuals like Safiya who no longer follow the religious law they were born into.
At the heart of the case is Section 58 of the 1925 Act, which generally governs testamentary succession for all citizens regardless of their religion, except Muslims. Safiya’s petition argues that Muslims should have the option to be governed by the Indian Succession Act, particularly those who renounce their faith. The current legal framework mandates that Muslims who opt out of the Shariat law under Section 3 of the Muslim Personal Law (Shariat) Application Act, 1937, remain barred from the applicability of the Indian Succession Act due to Section 58.
The petition has highlighted the restrictive nature of Muslim Personal Law, which limits a Muslim’s ability to will property to one-third of their estate and creates gender disparities in inheritance rights. It emphasised that the legal void created by Section 58 leaves Muslims who renounce their faith unable to fully benefit from the provisions of secular testamentary laws.
This is not the first time the issue has been debated in court. In October last year, additional solicitor general (ASG) Aishwarya Bhati, appearing for the Centre, argued that extending the Indian Succession Act to Muslims would require legislative action by Parliament since the current law explicitly excludes them.
This case could potentially set a precedent regarding how religious law applies to those who have consciously distanced themselves from the faith they were born into, raising fundamental questions about freedom of belief and the rights to equality under the law.