A Few months ago chief organization of Bigots Muslim All India Personal
law board argues that they will open a Darul Ul Qaza in each district
in whole states As a law student , feminst I am not in the favour of the
decision of All India personal law board.
In our penal system, laws are divided into two category:
(1) Civil cases
(2) criminal cases
In our system, Criminal system is equal irrespective to all religion and
governed by the Indian Penal code, Indian Evidence Act, Civil procedure code
etc while Civil cases are governed by the personal laws such as Hindu
marriage Act 1955, Hindu Succession Amendment Act 2005 so anyone can not
claim that Customary laws of any specific religion are violating.
In the defence Advocate of Jafaryab jilani argues that it is a matter of our
Religion and our constitution protect us my dear Bigots group , You are semi
right It is not any doubt that Right to practice of Religion, propagate and
lives according to their choice is a fundamental right but Any Article of
Constitution are not absolute According to Article 25 (2) Right to freedom of
religion is subject to public order, morality and other fundamental right and
another defence from the bigtos sight is that Sharia court will not be work
as a court . It will be work as a arbitration centre.
Suppose we adopt the argument of Personal law board but now question is that
whether any NGO have a right to established a court on basic of religion
while All India personal law board does not covers under the Article 13. It was
held in the narasu appa mali case.
In conclusion I would likely to says that Secular country like India court on
basic of religion should not be tolerated because the word secular has already
been mentioned in our preamble and in SR Bommai v union of India case supreme
Court held that Secularism is a basic structure of our constitution and it can
not be removed by the way of Amendment process and Supreme court should take
its suo moto because it directly effect the supremacy of judiciary and as well
as constitution and it should be banned like khap Panchayat.