No religious institution can function as court, says Chhattisgarh High Court
The Chhattisgarh High Court has ruled that religious institutions cannot function as courts of law, specifically invalidating an order from a self-styled Shariya court regarding a divorce case. The court emphasized that the rule of law and the Constitution remain the supreme authority in India.
Why it matters
This ruling reinforces the primacy of the secular legal system over religious or private arbitration bodies in matters of personal law.
No religious institution or private body can be permitted to assume the authority of a Court, said the Chhattisgarh High Court in a recent order after a woman challenged a self-styled Shariya court "order" stating that she had been granted divorce under Muslim personal law.
“..this Court observes that religion may guide an individual's conscience and personal faith, but no religious institution or private body can be permitted to assume the authority of a Court established by law or to use religious belief as a means of determining or enforcing the legal status and rights of an individual. The rule of law and the constitutional framework remain paramount,” the court said in its order.
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