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The choice of being governed by a secular inheritance law must be applied through religions: CJI

The choice of being governed by a secular inheritance law must be applied through religions: CJI

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The president of the Court of Justice of India, Sanjiv Khanna, has opined that the freedom to become a non -believer and choose to be governed by the laws of secular inheritance of the country must be applied in all religions. | Photo credit: Sushil Kumar Verma

The President of the Court of Justice of India, Sanjiv Khanna, on Tuesday (January 28, 2025) orally observed that the freedom to become a non -believer and choose to be governed by the country’s secular inheritance laws must be applied through Religions

The observation of the President of the Supreme Court occurred when he heard a petition presented by a woman based in Kerala, Safiya PM, who said that, although she was born as Muslim, she was now not a believer and wanted to be governed by secular statutes as the succession law of India instead of the law of Sharia.

“If applied to a faith, it must be applied to all religions,” said Khanna, who directed the bank comprised of Judges Sanjay Kumar and KV Viswanathan.

The CJI, at one time, observed that “under the Hindu succession law, if it becomes, its inheritance is removed … if it becomes, it loses the right of inheritance.”

The general lawyer Tushar Mehta, appearing for the union of India, said that one could inherit through a will regardless of restrictions in the Hindu Success Law.

However, the president of the Supreme Court said there were also situations of intestate successions and even the property of the joint Hindu family.

‘Give time for the answer’

Mr. Mehta agreed that the petition raised an interesting question and that the central government must receive time to present an answer considered in the form of a save against -fortation.

The president of the Supreme Court, Khanna, indicated that if the petition was successful, changes in official forms would have to be considered. “Where [in a form] You must mention your religion, the option of not mentioning the religion of one must be there or should be subject to works, “said the CJI.

Judge Viswanathan indicated that such an option could be classified as a “private law.”

The lawyer Prashant Padmanabhan, appearing for Mrs. Safiya, said her client would inherit only one third of her father’s property under Muslim law. He had an autistic brother who had to take care of.

At this point, the President of the Supreme Court questioned whether Mrs. Shafiya’s father, who was governed by Muslim law, would face restrictions at the end of league all her property.

Mr. Padmanabhan argued that a person who left his faith should not incur any disqualification or disqualification in matters of inheritance or other important civil rights. He invoked the fundamental postulate of secularism “that treats all religions on a uniform platform and allows each individual the fullest freedom to believe or not believe.”

“People who do not want to be governed by Muslim personal law must be governed by the secular law of the country, namely the law of succession of India, 1925 both in the case of intestate and testamentary succession,” said the petition . .

Mrs. Safiya, who is the general secretary of Kerala Muslims, said that a person who left her faith in Islam would be expelled from her community and had no right to any inheritance in her parental property.

“The petitioner wishes to obtain a statement that it will not be governed by Muslim personal law for any of the issues listed in sections 2 or 3 of the Law on the Application of Muslim Personal Law (Shariat), 1937 … There is a vacuum Of course in the statute that can be connected by judicial interpretation, ”said the petition.

He pointed out that the legal vacuum would leave the petitioner without resorting to succeed in his parental property, even if he officially obtained a certificate without repair and without caste of an authority. This state of affairs was a direct violation of the fundamental right to believe (or not to believe) in a religion under article 25 of the Constitution, said Mr. Padmanabhan.

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