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Nearly a decade after the Supreme Court struck down instant triple talaq, the court has agreed to examine whether a nearly century-old personal law system still allows unequal treatment of Muslim women in matters of inheritance — a question that could affect millions and reshape how civil rights intersect with religious law in India.
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A three-judge bench led by Chief Justice Surya Kant, with Justices Joymalya Bagchi and Vipul M. Pancholi, has asked the Union law ministry and the ministry of minority affairs to respond to a public interest litigation filed from Lucknow. The petition, brought by Paulomi Pavini Shukla and argued by senior lawyer Prashant Bhushan, challenges provisions of the Muslim Personal Law (Shariat) Application Act that, the petitioner says, treat men and women differently in both intestate and testamentary succession.
Counsel for the petitioner told the court that inheritance is a civil entitlement rather than an essential religious practice, and that denying equal shares to women violates basic principles of equality. The plea estimates the issue touches roughly 10 million Muslim women across the country.
Why this matters now
Whatever the outcome, the case raises immediate practical questions: who controls property after a death, whether women can freely dispose of their own assets by will, and whether a single citizen’s religious practices can override constitutional equality guarantees. The court noted that the question of a Uniform Civil Code is a constitutional aim, but also flagged that its implementation is primarily a legislative matter.
Last year the court considered a related petition by Sufiya P M — who sought to be governed by the Indian Succession Act instead of traditional Sharia rules — underlining that this litigation is part of a continuing debate over which laws should govern family and succession matters for minorities.
What the bench asked for and next steps
The Supreme Court has formally sought written responses from the two ministries named in the petition. The bench also suggested that the petition would gain strength if women who say they have been harmed by the present rules joined the case as parties.
- Petitioner: Paulomi Pavini Shukla (represented by Prashant Bhushan)
- Bench: CJI Surya Kant, Justices Joymalya Bagchi and Vipul M. Pancholi
- Target law: Muslim Personal Law (Shariat) Application Act (around 90 years old)
- Main claim: Inheritance laws discriminate against Muslim women in intestate and testamentary succession
- Government response: Law ministry and minority affairs ministry asked to file replies
Broader legal and social stakes
A court finding that inheritance practices under the Act violate constitutional guarantees could have wide ripple effects: it might prompt legislative revisions, encourage further litigation by affected women, or lead to a clearer delineation between protected religious practices and secular civil rights.
At the same time, the bench’s observation that a Uniform Civil Code is a matter for Parliament signals caution. The judiciary can interpret whether a specific practice breaches the Constitution, but comprehensive changes to personal law frameworks typically require political consensus and legislative action.
The court has not set a date for further hearings. Meanwhile, the issue has again put questions of gender equality, minority protections, and the limits of religious autonomy at the center of public debate — and made clear that the legal resolution could directly change how millions inherit and manage family property.
