Top court asks Centre to file response on Succession Act applicability for apostates

The Supreme Court on Tuesday observed that if Muslim women, after renouncing their faith, are allowed to be governed by the Indian Succession Act instead of Muslim Personal Law, the same right must logically extend to non-believers and apostates born in other faiths.

- Utkarsh Anand

NEW DELHI:

Highlighting the broad ramifications of such a legal shift -- it could decide how religious law applies to those who have renounced the faith they were born into -- the court directed the Union government to clarify its position on the matter within four weeks.

"This will run across the religions. You will have to file a counter and take a stand. If we pass an order, there must be several forms, etc, that would have to be altered. If we apply this to one faith, it will apply to all faiths," observed a bench, comprising Chief Justice of India (CJI) Sanjiv Khanna, and justices Sanjay Kumar and KV Viswanathan.

Solicitor general Tushar Mehta, representing the Union government, agreed with the court's assessment of the far-reaching implications of the issue. He assured the bench that the Centre would submit a "well-considered" response.