The Supreme Court of India has reaffirmed its stance that informal religious bodies such as the Court of Kazi, Kajiyat, and Sharia Courts hold no legal status under Indian law. Any declarations made by these bodies — including fatwas — are not legally binding, unenforceable, and carry no judicial authority.
Key Judicial Findings:
A bench comprising Justice S. Dhulia and Justice A. Amanullah reiterated the 2014 Supreme Court verdict in Vishwa Lochan Madan v. Union of India, which had already clarified the non-recognition of Sharia courts or similar institutions. The Court emphasized that:
- Any declaration, decision, or fatwa by such religious bodies, regardless of how they are named or styled, has no legal sanctity.
- Such decisions cannot be enforced upon any individual and are binding only if both parties voluntarily agree to them.
- No coercive measures can be used to implement such declarations.
Relevant Legal Provisions:
- Article 141 of the Constitution of India – Establishes that the law declared by the Supreme Court shall be binding on all courts within the territory of India. The precedent set in Vishwa Lochan Madan thus has nationwide applicability.
- Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) – The court reiterated that no citizen can be subjected to parallel justice systems that bypass constitutional safeguards and violate fundamental rights.
- Section 125 of the Criminal Procedure Code (CrPC), 1973 – In the case cited within the ruling, a woman sought maintenance under this section. The SC noted that statutory courts alone have jurisdiction over such matters, not any religious tribunal.
Observations on Family Courts:
The ruling also highlighted that family courts are governed by secular, statutory laws and cannot be overridden by religious or customary practices. The family court in question declined to recognize declarations made by the Kajiyat court regarding marital disputes and maintenance.
Conclusion:
This Supreme Court clarification reaffirms the secular character of the Indian legal system, ensuring that only institutions established under the law — such as civil and criminal courts — have the authority to pass binding judgments. Religious bodies may offer advisory opinions, but their decisions cannot override statutory rights and legal remedies.
