Turning The Tables, Fatwas Now Face Ban From Uttarakhand High Court

Uttarakhand High Court has called Fatwas as ‘unconstitutional’ has placed a ban on these extra constitutional pronouncements, Business Standard has reported. While hearing a public interest litigation (PIL) regarding an incident where the family of a rape victim in Laksar had been banished by a village panchayat, the HC declared the Islamic practice as unconstitutional.

The court also has admonished the Panchayat for not sympathising with the rape victim and her family. It was shocked by the fact that a constitutional body like Panchayat had resorted to an Islamic practice like Fatwa. Panchayat bodies are created under Article 243 of the constitution.

The court also remarked that issuing Fatwa was not the job of a Panchayat and said that such bodies infringe upon statutory rights, fundamental rights, dignity, status and honour of individuals. The court ordered the senior superintendent of police (SSP) to depute the circle officer to ensure that the family of the rape victim is not banished from the village. It also directed the police to provide security to the family and initiate criminal proceedings against members of Panchayat who imposed the Fatwa.