- Chief Justice’s Observation: CJI Sanjiv Khanna stated that the freedom to renounce faith and choose secular inheritance laws should apply to all religions, not just one.
Relevance : GS 2(Constitution , Polity )
- Petitioner’s Case: The petition was filed by Safiya P.M., a woman from Kerala, who, born a Muslim, now identifies as a non-believer and seeks to be governed by the secular Indian Succession Act rather than Sharia law.
- Equality Across Faiths: CJI emphasized that secular inheritance laws should be applicable universally, irrespective of faith, noting that if one religion is governed by secular laws, all religions must follow the same principle.
- Hindu Succession Act Issue: CJI pointed out that under the Hindu Succession Act, converting from Hinduism results in losing inheritance rights, which Safiya argued should not apply to someone who renounces their faith.
- Will as a Solution: Solicitor-General Tushar Mehta argued that inheritance through a Will is still possible, despite restrictions in the Hindu Succession Act.
- Intestate Succession Consideration: The CJI highlighted issues with intestate successions (without a Will) and the complexities of joint Hindu family property, which may complicate the inheritance process.
- Union’s Response: The Union Government was asked to file a counter-affidavit in response to the petition, as the issue raised was significant and required careful consideration.
- Religion in Official Forms: CJI suggested that if the petition succeeds, there should be an option to not mention religion on official forms, offering an individual’s right to waive or omit religion as a private matter.
- Advocate’s Argument: Advocate Prashant Padmanabhan argued that Safiya, as a non-believer, should not face any disqualification in inheritance rights or other civil rights due to her religious choice, invoking secularism under the Constitution.
- Inheritance Under Muslim Law: Safiya argued that under Muslim law, she would inherit only one-third of her father’s property, while also caring for her autistic brother. This limitation, combined with her renunciation of faith, further complicates her inheritance.
- Legal Vacuum: Safiya’s petition highlighted a legal vacuum, where even if she obtained a “no-religion, no-caste” certificate, she still faced barriers to inheriting her parental property, violating her fundamental right to belief under Article 25 of the Indian Constitution
