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Validity of Darul-Ul-Qaza Sharia Court

A Few months  ago  chief organization of  Bigots Muslim All India Personal law board argues that they will open a  Darul Ul Qaza in each  district in whole  states    As a law student , feminst I am  not in the favour of the decision of All India personal law board.

In our  penal system,  laws are divided into two category:
(1) Civil  cases 
(2) criminal  cases 

In our system, Criminal system is equal  irrespective to all religion  and governed by the Indian Penal code,  Indian  Evidence Act,  Civil  procedure code etc while   Civil cases  are governed by the personal laws   such as Hindu marriage Act 1955, Hindu  Succession Amendment Act  2005 so  anyone can not claim that  Customary  laws of any specific  religion are violating.

In the defence Advocate of Jafaryab jilani argues that it is a matter of our Religion and our constitution protect us my  dear Bigots  group , You are semi right  It is not any doubt that  Right to practice of Religion, propagate  and  lives according to their choice is a fundamental right  but Any Article of Constitution are not absolute According to Article 25 (2)  Right  to freedom of religion is subject to public order, morality and other fundamental right and another defence from the  bigtos  sight is that Sharia  court will not be  work as a   court . It will be work as a arbitration centre.

Suppose we adopt the argument of Personal law board but now question is that whether  any NGO have a right to established a  court on basic of religion  while  All India personal law board does not covers under the Article 13. It was held in the narasu appa mali case.

In conclusion I would likely to says that  Secular country like India  court on basic of religion should not be tolerated because the word secular has already been mentioned in our preamble and in SR Bommai   v union of India case supreme Court held that Secularism is a   basic structure of our constitution and it can not be removed by the way of Amendment  process and Supreme court  should take its suo moto  because it directly effect the supremacy of judiciary and as well as constitution and    it should be banned like khap Panchayat.

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