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, emphasizing that the rule of law and the Constitution remain paramount. The ruling came after a woman challenged a 'Shariya court' order that granted her a divorce without legal standing.
Why it matters
This reinforces the supremacy of the Indian judicial system over private or religious bodies, protecting individual rights against extra-legal religious rulings.
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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