Personal Law Under Gender Justice
- IJLLR Journal
- Mar 6
- 2 min read
Kowseeka. V, BALLB, Vinayaka Mission's Law School
ABSTRACT
Personal laws in India regulate family relations such as marriage, divorce, maintenance, adoption, guardianship, and succession within different religious communities. These laws are often defended as expressions of religious identity and cultural autonomy. At the same time, they have been repeatedly questioned for reinforcing gender-based inequalities. The debate around gender justice in personal law lies at the intersection of constitutional guarantees of equality and dignity and the protection of religious freedom under the Constitution of India.
This article critically examines how personal law systems interact with Articles 14, 15, and 21, which guarantee equality, non-discrimination, and the right to life with dignity. It explores the extent to which personal laws can be subjected to constitutional scrutiny when they perpetuate structural disadvantages against women. Through an analysis of significant judicial decisions such as Mohd. Ahmed Khan v. Shah Bano Begum and Shayara Bano v. Union of India, the article highlights the evolving role of the judiciary in prioritising constitutional morality over patriarchal interpretations of religious norms. It also reviews statutory developments like the Hindu Succession (Amendment) Act, which strengthened women’s inheritance rights, and assesses their contribution to substantive equality.
Feminist legal theory and constitutional principles, the article argues that gender injustice within personal laws is not limited to overt discrimination but also includes embedded social and economic inequalities that restrict women’s autonomy. It emphasises the need for reforms that respect cultural diversity while ensuring that fundamental rights remain paramount. The discussion situates personal law reform within a broader framework of constitutional transformation aimed at harmonising pluralism with gender justice in India.
Keywords: Gender Justice, Personal Laws in India, Constitutional Equality, Religious Freedom, Feminist Legal Theory
