Sahaj Mathur, student at West Bengal National University of Juridical Sciences
ABSTRACT
Personal Laws in India have been the source of immense controversy in recent decades. The Law Commission of India recently undertook the herculean task of formulating a consultation paper to reform family law in India. The consultation paper could have massive ramifications, most notably in the realm of succession and inheritance law. In assessing the reforms suggested for Hindu Law, the paper concludes that the Law Commission has erred in suggesting the abolishment of the Hindu Undivided Family, as well as the abolishment of coparcenary at a central level. It further analyses the reformation of Muslim personal law to create a common succession and inheritance code for both Sunni and Shia Muslims. This, it is argued, is inconsistent with the historical and social realities of the two sects. The paper further analyses the creation of the benefits of the three-tiered system for Christian succession. It also assesses debate on retention of identity under Parsi Law, to conclude that such retention of identity would provide equal rights to women while addressing the issue of India’s dwindling Parsi population. The paper concludes with an analysis of recent developments in personal law through the lens of the consultation paper to envisage the future of personal law in India.
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