Supreme Court Hears Plea for Equal Inheritance Rights for Muslim Women; CJI Surya Kant Says “Answer Is Uniform Civil Code”

The Supreme Court today indulged in a deep discussion on balancing out the differences between Essential Religious Practice and the Civil Rights guaranteed to a person as it heard a petition challenging the inheritance laws for Muslim Women.

"The answer is Uniform Civil Code," CJI Kant said today as the bench heard submission from Advocate Prashant Bhushan appearing for the petitioner one Poulomi Shukla.

Advocate Prashant Bhushan told the bench also comprising Justices Bagchi and Mahadevan that as per Sharia law says women entitled to half of what men are entitled to.

To this the CJI asked, "Suppose there are two statutes, one protects Artciel 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 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 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.

The bench further remarked on how 'one wife for one man' rule is not being uniformly applied to all communities. "But does that mean that the Court can declare all bigamous marriages as unconstitutional? It is best to defer it to legislative wisdom. This court has already recommended to the legislature to enact a Uniform Code," Justice Bagchi also said.

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.

Court was hearing an appeal filed by Tarsem concerning the issue pertaining to execution of the Will by late Hazi. The parties are governed by Mohammedan Law, which is not codified, it noted. The suit was filed by respondent no 1 and 2 (Dharma and others) claiming that late Hazi had executed a Will in favour of three of his sons namely Dharma, Gulzar and Karam Chand leaving the fourth son namely Tarsem. Trial Court had decreed the suit. The First Appellant Court modified the judgment and decree of the Trial Court and directed that late Hazi could execute Will only to the extent of 1/3 rd of his estate and the same was upheld to that extent.

Case Title: POULOMI PAVINI SHUKLA Vs UNION OF INDIA

Bench: CJI Kant, Justices Bagchi and Mahadevan

Hearing Date: March 10, 2026