"Can We Make Social Reforms?" Supreme Court Issues Notice In Plea Seeking Equal Inheritance Rights For Muslim Women

The Supreme Court today issued notice to the Central government in a petition challenging the inheritance laws for Muslim Women.

A Bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi urged the petitioner to find out who are the aggrieved persons and bring to court their issues. "What we are doing is catalyzing a reformation..so that should come within the sect..but the question is, is it withing the scope of the judiciary to make social reforms..," the bench noted.

Advocate Prashant Bhusan told the bench today that only Muslim Succession law is not codified. "The rules under Sharia law are so complicated that it is even impossible for lawyers to discern..I have told my Muslim friends that don't Uniform Civil Code..because it is their apprehension that it will a Hindu Civil Code..To my mind, it is an obvious proposition that this is a purely civil issue..it is subject to Article 14, then it is ex facie discriminatory...so whether there will be a vacuum..what will happen..then a non-discriminatory law on Indian Succession Act will apply..", he said.

After hearing Bhushan's submissions, the bench agreed to call for a response from Centre and issued notice.

Earlier, while hearing the plea, Court had indulged in a deep discussion on balancing out the differences between Essential Religious Practice and the Civil Rights guaranteed to a person. "The answer is Uniform Civil Code," CJI Kant had said as the bench heard submission from Advocate Prashant Bhushan appearing for the petitioner one Poulomi Shukla.

Bhushan had stated that as per Sharia law women are entitled to half of what men are entitled to. To this the CJI asked, "Suppose there are two statutes, one protects Article 14 and the other does not..so the other will be struck down. Then what will happen if a vacuum is created..". In response, Advocate Bhushan had submitted that the Indian Succession Act shall govern in such a situation. He further submitted that the Court can make a declaration that Muslim women are entitled to equal inheritance rights as men.

Bhushan had relied on the Supreme Court's 2017 judgment in the Shayara Bano case, which struck down 'triple talaq' as an unconstitutional practice. "We cannot have a situation in the country now after the Shayara Bano judgment that Muslim women will not have same rights as Muslim men." CJI Kant expressed his concerns over Court's intervention leaving Muslim women without protection of any law. "In our over-anxiety for reforms, we may end up depriving them and they might end up getting less than what they are already getting. Will it not create an unnecessary void?" CJI Surya Kant asked.

This is not the first time that this issue has arisen before the Supreme Court. In 2024 as well the top court had decided to consider whether Muslim women have right to claim equality in succession in view of the mandate of Constitution of India under Articles 14 (fundamental right to equality) and 15 (non discrimination on the grounds of sex and others) thereof in the light of Article 44 (State's endeavour to secure uniform civil code for citizens).

A bench of Justices CT Ravikumar and Rajesh Bindal said the matter required deeper consideration, including the question whether a testator, who is governed by Mohammedan Law, is entitled to execute a Will of his entire estate left, according to his wish. The court had also framed another question whether a testator, who is governed by Mohammedan Law, can execute a Will to the extent of 1/3rd of the estate left by him in favour of any or more of his legal heirs without the consent of other legal heirs.

Case Title: POULOMI PAVINI SHUKLA Vs UNION OF INDIA

Bench: CJI Kant, Justices Bagchi and Pancholi

Hearing Date: April 16, 2026