1Research Scholar, Faculty of Law, CCS University, Meerut (Research Center:-Meerut College, Meerut)
2Dean, Faculty of Law, CCS University, Meerut (Head of the Department (Law), Meerut College, Meerut)
Online Published on 20 December, 2022.
Personal laws are always criticized on the questions of gender equality. In religiously diversified India, all communities are governed by their religion based customary personal laws. Mohammedans in India are governed by their sharia based Personal Law and Hindus are governed by their customary Personal Laws. In 1955 a bill was passed by the Indian Parliament to codify the Hindu customary family laws in India. The law makers tried their best to eliminate the gender injustice in the codified personal laws and somehow were succeed too. But the personal laws of Mohammedans have not been codified till date. To regulate the family matters, irrespective of the religion of the people of india, a common code shall be prepared by the government in India this directive has been given in the Indian Constitution. This paper analysis such gender discrimination apprehensions about the several family laws in the context of different matters covered under these family laws. This research paper tries to find out that how women have been kept under the authority of men. In this research the paper researcher had tried that whether personal laws may be considered as law under Article 13 of the Indian Constitution or a safeguard has been given to them under the right to religion enshrined under Articles 25–28. Here it is a humble suggestion of the researcher that until any consensus is made on UCC government should andeavour to safeguard the diversity of personal.
Personal law, Gender equality, Sharia, Hinduism, Uniform Civil Code
