Gender Inequality in Hindu and Muslim Personal Laws in India
Volume I, Issue III, 2018
The paper aims to highlight the status of women in Hindu and Muslim religious personal laws and providing the glimpses of the effects of such personal laws on the lives of women. To achieve the objective of the paper, extensive research has been done and the analysis has been so penned down. To begin with, origin of the concept of religious personal laws and their selective reform by the State has been covered and aptly described. Current status of women in Hindu and Muslim religious personal laws are illustrated which includes how the shape of religious personal laws has repercussions for the design and scope of other laws. Effects of such laws on the lives of women of every strata of the society are covered. This paper further puts forth and analyses the current situation of personal laws with respect to women in India and the same have been discussed in the light of existing statutes and case laws. Landmark judgments have been used to further understand the judicial aspect of the laws prevalent in the society. Dilemmas like why this disparity still exists and what impacts it will have on the future generations are critically analyzed. An argument for a re-conceptualization of categories that allow for pursuing differences and justice together is developed.