The Supreme Court ruling on Monday on fatwas (religious direction emanating from individuals traditionally authorised by religious communities) issued by organisations such as the Darul Qaza is an important reminder, and one was needed, that the power to make the laws of the land — to which all its citizens must be subject — lies only with a duly elected legislature, and the power to adjudicate rests exclusively with the judicial system sanctioned by the Constitution of India.
The apex court ruling leaves us in no doubt that fatwas and similar injunctions issued by religious institutions and individuals authorised by religious communities, or social institutions acceptable to certain groups, may serve to amicably settle disputes or smoothen community relations. As such, these are not ab initio illegal. But the important proviso here is that no opinion or injunction emanating from traditionally ordained outfits can be enforced coercively.
A leading premise here is that no judicial system, including religious ones, punishes an innocent, or is alienated from the idea of mercy.
There has in recent times been an attempted reassertion of traditional systems of law and law enforcement by overzealous bodies claiming supra-legal sanction. Khap panchayats, family courts, and outfits of different faiths — not just Islam — claiming religious authority have sought to override the country’s judicial system. This is repugnant to democratic principles.
