Pranjal Pagaria, Symbiosis Law School, Nagpur
ABSTRACT
Personal laws have always been an integral part of our country, with multiplicity of cultures, religions, customs, beliefs, practices and usages, a conflict between these laws and Fundamental Rights comes naturally. The Apex Court has taken a variety of stances when it comes to adjudicating on the Personal Laws. The tussle between the Fundamental Rights and Personal laws has been there for decades now but with the change in time the decisions of the Supreme court portrayed its liberal and broad approach to ensure the Rule of Law and supremacy of Fundamental Rights. Many of the cases were found to be arbitrary on women, either polygamy, triple-talaq or taboos related to menstrual cycles, all these also showcase the prejudices and stigmas against the women. Sabarimala case as a recent judgement paved the way for Equality among all genders in the country and reiterated the Supremacy of Fundamental Rights.
