Judiciary

KEY POINTS

Significance

·         They are accessible, useful, informal and voluntary institutions that provide speedy and inexpensive justice to the poor.

·         A majority of women consult these courts to get divorce or to seek the dissolution of their marriages.

·         More than 60,000 cases have been amicably resolved by these courts, the cases were disposed of in less than a year’s time.

·         These courts never grant triple divorce, they always prefer the Quranic procedure of divorce.

·         Their orders are not binding and lack legal sanctity, however it is perfectly legal if all the parties concerned want to comply with their orders.

·         Unlike the Khap panchayats, these courts do not deal with criminal cases and cannot forcibly enforce their orders.

·         The anomalies in interpretation of Sharia law can be removed by having proper Sharia courts.

·         So that, proper counselling can be given to the aggrieved parties among the Muslim community in family and property matters.

·         Sharia court’s decisions are very rarely challenged in a civil court.

Complexities

·         Establishing a private parallel judicial system cannot be permitted by law.

·         The power to establish courts is given only by the Constitution. The AIMPLB has no power to establish Courts.

·         India is a secular country, there is no State religion and all religions are equal before law.

·         The State will deliver justice irrespective of religion, caste or gender of people.

·         Establishment of Sharia courts is a blow to secularism which is the basic principle of our Constitution.

Earlier verdict

·         The apex court in its landmark judgment in the Vishwa Lochan Madan case (2014) clearly stated that sharia courts are not courts because the Indian legal system does not recognise a parallel judicial system.

·         But the court also refused to deem them unconstitutional.

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