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Mumbai: Social reformers, artistes, writers and women’s rights activists in Mumbai have welcomed recent observations by the Supreme Court of India supporting gender justice in inheritance laws, describing them as a significant step towards constitutional equality for Muslim women.
The observations were made during the hearing of a petition filed by Poulomi Shukla, represented by senior advocate Prashant Bhushan. The petition challenges provisions of the Muslim Personal Law (Shariat) Application Act, 1937, alleging that they result in unequal inheritance rights for women.
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A three-judge bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and R Mahadevan, noted that a Uniform Civil Code (UCC) could serve as an effective mechanism to address gender bias in personal laws governing marriage, succession and property.
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The bench also observed that gender inequality in inheritance is not confined to one community. It pointed to disparities within Hindu Undivided Families and certain customary practices, indicating that reform must address inequities across religious and social groups.
In a statement, Indian Muslims for Secular Democracy (IMSD) emphasised that the issue is rooted in constitutional guarantees, particularly Articles 14, 15 and 21, which ensure equality before the law, prohibit discrimination, and protect dignity and personal liberty. The organisation noted that while Islamic jurisprudence historically recognised women’s property rights, social practices have often undermined these entitlements.
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Activists stressed that gender justice cannot be indefinitely delayed due to identity politics or communal polarisation. They called for collaborative reform involving women’s organisations, legal scholars and minority voices to ensure justice-driven outcomes.
IMSD also cautioned against politicising the debate around the UCC, urging inclusive dialogue and introspection within sections of the Muslim leadership regarding resistance to reform that has hindered gender justice.
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