The Supreme Court on Thursday issued notice on a plea challenging provisions of the Muslim Personal Law (Shariat) Application Act, 1937 on the ground that they discriminate against Muslim women in matters of inheritance.

Appearing for the petitioners, Senior Advocate Prashant Bhushan argued that the law, which entitles women to a lesser share than male counterparts, is violative of Article 14 of the Constitution of India and cannot be protected as an essential religious practice under Article 25 of the Constitution of India. He submitted that upon striking down such provisions, the Court could address any resultant vacuum by applying the Indian Succession Act, 1925 through a process of reading down.

The Bench, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, expressed reservations over the scope of judicial intervention. The Chief Justice observed that applying another statute may amount to legislating, while Justice Bagchi noted that the threshold for reading down is higher where an existing legal regime already governs the field.

The Court also highlighted the need for affected individuals to be before it. While acknowledging that denial of rights may exist, the Bench indicated that the issue should reflect reform arising from within the community.

The Court issued notice and directed the petitioners to bring more aggrieved persons on record, permitting them to be impleaded as intervenors. The matter will be taken up after a few weeks.