In an election year, the Centre will be faced with a daunting task to take a position on the constitutionality of Shariat courts and on fatwas issued by Muslim clerics as a PIl challenging the above will be heard by the Supreme Court on November 11.
A bench headed by Justice CK Prasad on Monday restored the petition on the records of the court after it was dismissed on May 10 this year by a bench headed by then Chief Justice Altamas Kabir.
The petitioner in the case — Vishwa lochan Madan, told the court that his absence in Court led to the dismissal of the case. Madan, an advocate by profession, cited the medical urgency of his mother as a ground for his absence, requesting the matter to be revived again.
While the decision of the Centre met with objection from the All India Muslim Personal law Board, the Court decided to hear all objections on the next date of hearing.
The petitioner argued that Shariat courts were unconstitutional and operated as parallel courts in the country deciding on the religious and social freedoms of the Muslim citizens.
It sought an order to declare it unconstitutional since no courts in the country are allowed to “arbitrate” on family matters, particularly marriage.
With regard to fatwas, the petition argued that fundamental and human rights of Muslims could not be governed by fatwas and decisions of kazis and muftis appointed by Muslim organisations. However, the petitioner clarified that the prayers contained in his PIl sought not be seen as an attempt to introduce Uniform Civil Code in the country.