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The Ministry of Law and Justice on Friday opposed in Delhi High Court a plea alleging gender-based discrimination in inheritance provisions of Muslim Personal Law (Sharia), stating that the petition is “devoid” of any merit and is liable to be “dismissed”.
In its affidavit filed in the court registry, the ministry stated, “In view of the importance of the subject matter and sensitivity involved, which requires in-depth study of the provisions of various personal laws governing different communities, this respondent (Law Ministry)…has requested the Law Commission of India to undertake examination of various issues relating to Uniform Civil Code and to make recommendations thereof.”
The affidavit, filed through the Centre’s standing counsel Monika Arora, stated, “As and when Report of Law Commission in the matter is received, this respondent may take necessary action in consultation with various stakeholders involved.”
The ministry stated that the petition is “not sustainable in law or on facts”, and also pointed out that a writ petition with similar prayer had been dismissed by Kerala High Court, which had held that constitutionality of the Muslim Personal Law cannot be adjudicated in a writ petition filed in public interest. “It’s for the Legislature to decide whether any statute is to be framed to govern Muslims in the matter of succession,” the ministry said, citing the Kerala HC order.
The affidavit was filed in the backdrop of Chief Justice Rajendra Menon and Justice V K Rao’s direction on a public interest litigation, filed by Sahara Kalyan Samiti, which has moved the High Court seeking equal inheritance rights for Muslim women.
The organisation has alleged that Muslim women were discriminated against as far their right to inherit is concerned. The PIL argues that women are “only entitled to half of the share of their male counterparts”.
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