Religious courts cannot function as judicial bodies, rules Chhattisgarh HC

The Chhattisgarh High Court has reaffirmed that religious institutions cannot operate as courts or exercise judicial authority, reinforcing the principle of secular jurisprudence in the Indian legal system.

The bench issued the clarification while examining a petition filed by a 38-year-old Muslim woman from Raipur, who sought to quash an order issued by the Idara-E-Shariya Islami Court on January 18, 2022. The religious body had issued a decision granting triple talaq divorce to the petitioner.

The court's ruling underscores the constitutional framework that vests judicial power exclusively in the state judiciary. While personal law matters are recognized within India's legal structure, their adjudication must occur through competent courts established under law, not through parallel dispute resolution mechanisms operated by religious bodies.

The judgment carries significance for women's rights advocates, who have long raised concerns about informal religious forums making binding pronouncements on matters such as divorce without adherence to procedural safeguards or formal legal standards.

The decision aligns with earlier judicial precedents affirming the supremacy of constitutional law over informal adjudicatory systems, regardless of their religious character or historical practice within communities.