New Delhi: The Supreme Court of India on Thursday, April 16, 2026, sought a formal response from the Central Government regarding a Public Interest Litigation (PIL) that challenges the constitutional validity of the Muslim Personal Law (Shariat) Application Act, 1937. A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi issued a notice to the Union Ministry of Minority Affairs after hearing submissions that certain provisions of the Act are “manifestly discriminatory” against women, particularly in matters of inheritance.
The petition, filed by Poulomi Pavini Shukla and the Nyaya Naari Foundation, argues that the current Shariat inheritance rules frequently grant women only half—or even less—of the property shares allocated to their male counterparts. Representing the petitioners, senior advocate Prashant Bhushan contended that these provisions violate Article 14 of the Constitution, which guarantees the right to equality. Bhushan further submitted that matters of succession and inheritance are civil in nature and do not constitute an “essential religious practice” that would be protected under the religious freedom provisions of Article 25.
The apex court’s decision to examine the matter adds a significant judicial dimension to the ongoing national debate regarding personal law reforms and gender justice. During the preliminary hearing, the bench noted the gravity of the allegations concerning gender bias and the potential conflict between statutory personal laws and fundamental constitutional rights. The Centre is now required to file its affidavit outlining its stand on whether these nearly century-old inheritance rules can withstand the scrutiny of modern constitutional principles.
