SC seeks Centre’s response on plea by woman who left Islam to be governed by secular law

Supreme Court seeks Centre's response on plea for non-believer to be governed by Indian Succession Act, not sharia law.

The Supreme Court on Monday asked the Centre to respond to a plea by a Kerala-based woman, born a Muslim but now a non-believer, to be governed by the secular statute of Indian Succession Act of 1925 rather than the sharia law.

Appearing before a Bench headed by Chief Justice of India D.Y. Chandrachud, Shafiya PM, represented by advocate Prashant Padmanabhan, said the fundamental right to religion under Article 25 of the Constitution includes both the right to believe and not to believe.

Chief Justice Chandrachud remarked that the 1925 specifically did not include Muslims within its ambit.

Additional Solicitor General Aishwarya Bhati, appearing for the Union government, said the prayer in the petition came within the legislative domain as it could be realised only with an amendment in the 1925 Act.

Nevertheless, the court asked the government to file a response to the petition.

The petition filed by Mr. Padmanabhan for Ms. Safiya said the apex court had emphasised on the “fundamental postulate of secularism which treats all religions on an even platform and allows to each individual the fullest liberty to believe or not to believe”.

Mr. Padmanabhan submitted that a person who leaves her faith should not incur any disability or a disqualification in matters of inheritance or other important civil rights. The petition said a person born a Muslim is governed by the Muslim Personal Law (Shariat) Application Act, 1937.