Overview
On 16 April 2026, a five‑judge bench of the Supreme Court headed by Chief Justice of India Surya Kant issued a notice to the Union government. The notice was in response to a petition filed by Poulomi Pavini Shukla, represented by senior lawyers Prashant Bhushan and Nihal Ahmed, challenging the gender‑neutrality of the Muslim Personal Law (Shariat) Application Act, 1937 (hereafter “Shariat Act”). The petition argues that the provisions on inheritance and testamentary succession are discriminatory towards women and are not "essential religious practices".
Key Developments
- The bench has issued notice to the Union government, signalling that the matter will be heard on merits.
- The petition seeks a declaration that the Shariat Act’s inheritance rules are unconstitutional under Articles 14 (equality) and 25 (freedom of religion).
- Advocates argue that the Act’s preference for male heirs violates the principle of gender equality enshrined in the Constitution.
- The case revives a long‑standing debate on the intersection of personal law, gender justice, and constitutional morality.
Important Facts
- The Shariat Act currently mandates that a son inherits twice the share of a daughter, and that a widow’s share is limited to one‑quarter of the estate.
- Previous Supreme Court judgments (e.g., Shah Bano* case, 1985) have upheld the need to balance personal law with constitutional guarantees, but the Shariat Act remains largely untouched.
- The petition was filed under Article 32, which allows individuals to approach the Supreme Court directly for enforcement of fundamental rights.
- Both petitioners a