I speak for secular civil code, not UCC; I'll never align with RSS: Safiya PM
Kerala-based activist, an ex-Muslim, contends that automatic application of Sharia to individuals who don't wish to follow Islam violates their fundamental rights
In a landmark case that could redefine the intersection of religion, personal freedom and civil rights in India, the Supreme Court is set to hear a writ petition filed by Safiya PM, a Kerala-based social activist and general secretary of the organisation 'Ex-Muslims of Kerala'.
The petition challenges the mandatory application of the Muslim Personal Law (Sharia) to individuals born as Muslims, even if they no longer practise the faith or wish to disassociate from it.
The case raises critical questions about the right to live a secular life, the freedom to renounce one’s religion, and the implications for inheritance and civil rights.
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Critique of personal law
Safiya, the petitioner, was born into a Muslim family but has never practised Islam. Her father, though a non-practising Muslim as well, never officially renounced the religion. Safiya, however, identifies herself as a non-believer and seeks to live a secular life, free from the constraints of religious laws that she believes are discriminatory, particularly against women.
Her petition seeks a declaration that individuals who do not wish to be governed by the Sharia should be allowed to opt for secular laws, specifically the Indian Succession Act, 1925, for matters of inheritance and succession.
The crux of Safiya’s argument is that the Muslim Personal Law (Shariat) Application Act, 1937 automatically applies to anyone born as a Muslim, regardless of their personal beliefs or practices. Under Sharia law, a person who leaves Islam is considered an apostate and is often ostracised from the community, losing inheritance rights to parental property.
Strengthening BJP?
Safiya fears that if she officially renounces Islam, she will lose the right to inherit her father’s property, and her only daughter will also be deprived of her rightful inheritance.
Many rights activists are anxious that Safya’s petition could strengthen the BJP's push to advance its agenda against minorities, including the swift implementation of the proposed Uniform Civil Code (UCC).
Some blame the Islamic leadership for resisting internal reforms, while others feel that rationalists like Safya are inadvertently playing into the hands of the Hindutva forces.
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Babri Masjid and Muslims
“As a secular Muslim who grew up in a secular household and family in Alappuzha and Ernakulam districts of Kerala, I never practised religion," Safiya told The Federal. "I am often questioned about my stance being appropriated by the Sangh Parivar. However, no one seems to hold mainstream Muslim organisations and parties accountable for minority religious extremism.”
“By and large, Muslims in Kerala remained secular until the demolition of the Babri Masjid. After that, certain elements sowed the seeds of identity politics among them, and organisations like the Jamaat-e-Islami and SDPI reaped the benefits," Safiya further said.
"This is an undeniable fact. Since then, leading a secular life as a Muslim has become increasingly difficult,” she added.
Religion and secularism
The petition invokes Article 25 of the Constitution, which guarantees the right to freedom of religion. Safiya argues that this right must include the freedom to not believe in any religion and to live a secular life.
The petition cites the landmark judgment in the Indian Young Lawyers Association v. State of Kerala (2019) where the Supreme Court held that the fundamental postulate of secularism treats all religions on an even platform and allows each individual the fullest liberty to believe or not to believe.
Safiya contends that the automatic application of the Muslim Personal Law to individuals who no longer wish to follow Islam violates their fundamental rights under Articles 14 (right to equality), 15 (prohibition of discrimination), 19 (right to freedom) and 21 (right to life and personal liberty) of the Constitution.
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Judicial interpretation sought
She argues that the absence of a legal provision allowing individuals to opt out of religious personal laws creates a vacuum in the statute, which needs to be addressed through judicial interpretation.
The petition has far-reaching implications not just for Safiya, but for thousands of individuals across India who may have been born into a particular religion but no longer wish to be governed by its personal laws. The case touches upon the broader debate on the UCC, which has been a contentious issue in Indian politics for decades.
Safiya’s petition, however, does not directly seek the implementation of the UCC. Instead, it focuses on the right of individuals to choose secular laws over religious personal laws, particularly in matters of inheritance and succession.
The petition argues that the current legal framework forces individuals to remain bound by religious laws even after they have renounced their faith, which is a violation of their fundamental rights.
Safiya defends her stand
“I am the daughter of a communist and a leftist by ideology. When I speak for a secular civil code, it should not be mistaken for the stance of the Sangh Parivar or the RSS — I would never align with them," she told The Federal.
"My demand is for fair treatment of women who choose not to follow any religion. Every time we raise this issue, the response is that it would strengthen majority communalism and that reform should come from within the community. But even a communist-led government in Kerala hesitates to take such a step. Why is the Kerala government not filing a definite answer in the court regarding the inheritance of women?” she asked.
This is not the first time that the Sharia has been challenged in Indian courts. In 2015, the Kerala High Court dismissed a writ petition filed by the Khuran Sunnath Society, which sought to declare certain practices under Sharia law, particularly those related to inheritance, as unconstitutional.
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Pending case in SC
The Society had argued that these practices were discriminatory against Muslim women and violated their fundamental rights. The case is now pending before the Supreme Court as Special Leave Petition (Civil) No. 9,546 of 2016.
Safiya has filed an intervention application in this pending case, which was allowed by the Supreme Court in October 2023. Her petition before the Supreme Court is closely linked to the issues raised in the Special Leave Petition but with a specific focus on the rights of individuals who wish to renounce Islam and be governed by secular laws.
The petition also highlights the failure of the state to provide a legal mechanism for individuals to opt out of religious personal laws. Safiya’s petition argues that this is a clear vacuum in the law, which needs to be filled by judicial interpretation.
A landmark case
She seeks a declaration from the Supreme Court that individuals who do not wish to be governed by the Muslim Personal Law should be allowed to opt for the Indian Succession Act, 1925 in matters of intestate and testamentary succession. The Supreme Court will hear the matter again in the week beginning May 5.
