Women And Personal Laws In India: A Constitutional Study Of Gender Justice And Social Transformation
- IJLLR Journal
- Apr 27
- 1 min read
Aleena Henry, LLM (Criminal Law), Bharata Mata School of Legal Studies, Aluva
Laxmi Priyaa N.P., LLM (Commercial Law), Bharata Mata School of Legal Studies, Aluva
ABSTRACT
In a pluralistic society such as India, personal laws regulating marriage, divorce, maintenance, guardianship, adoption, and succession occupy a distinctive and complex nexus at the confluence of religion, culture, and constitutionalism. Though historically enshrined to safeguard religious autonomy and cultural plurality, these laws, in their contemporary application, have perpetuated and entrenched systemic gender disparities, disproportionately marginalizing women within the private domain of familial relations. Through a rigorous examination of legislative reforms and seminal judicial pronouncements, including Mohd. Ahmed Khan v. Shah Bano Begum, Danial Latifi v. Union of India, Githa Hariharan v. Reserve Bank of India, Mary Roy v. State of Kerala, and Shayara Bano v. Union of India, the article elucidates the judiciary’s evolving jurisprudential role in reconciling personal laws with the overarching constitutional ethos. This article undertakes a doctrinal and analytical inquiry into the status of women under the principal personal law regimes in India, namely Hindu, Muslim, Christian, and Parsi laws, and critically assesses their consonance with constitutional imperatives of equality, dignity, and non-discrimination and the advancement of women’s rights within the ambit of personal laws. It concludes by advocating for a judicious and principled approach to family law reform, one that harmonizes respect for cultural diversity with an unwavering commitment to the supremacy of constitutional morality and substantive gender justice.
Keywords: Personal Laws, Women’s Rights, Gender Justice, Constitutional Morality, Equality, Social Transformation.
