HC seeks govt stand on PIL for Muslim inheritance law change

New Delhi: The Delhi High Court on Tuesday sought the Centre's response on a PIL to amend the Muslim personal law on inheritance, alleging that Muslim women were discriminated on issues relating to sharing of property.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar asked the Ministry of Law and Justice to examine the issue of alleged discriminatory practice in the Muslim law on inheritance.

It directed the government to submit its stand positively before the next date of hearing on April 9 next year.

Central government standing counsel Monika Arora told the bench that the Law Commission was examining the issue.

The court was hearing a plea by a social organisation -- Sahara Kalyan Samiti-- which has sought equal inheritance rights for Muslim women.

The petition, filed by advocate Raghav Awasthi alleged that Muslim women in India have been discriminated as far their rights of inheritance were concerned in comparison to their male counterparts.

It said the discrimination based on customary law as well the statutory law was violative of their fundamental right to equality enshrined under Articles 14, 19, 21 and other relevant provisions of the Constitution.

The plea contended that Article 13 of the Constitution included personal laws including Muslim personal laws. "It is erroneous to assume that personal laws are excluded from the ambit of judicial examination," it said.