Pooja Kumari, Chanakya National Law University
ABSTRACT
There is always a tussle going on between ‘Personal laws’ and principles of equality and liberty which are enshrined in the Constitution of India. Constitution of India is the supreme law of the land. The personal laws of Hindus and Muslims find their source and authority respectively in the Hindu and Muslim religions and because of these personal laws are discriminatory in nature as it violates the principle of equality. Since these two world’s major religion (not religion per se but rather its interpretation) conceived with the idea of subordination of women to the men. Supreme Court has different views in cases that involved supremacy between ‘Personal laws’ and ‘fundamental rights’. The courts have generally tried not to interfere in the arena of Personal laws however recently courts have adopted scrutinizing approach which posits the idea that it should be in consonance with Part III of the Constitution. This article seeks to answer the question concerning constutionality of personal laws. This article has tried to answer the question of whether codified Personal laws should come under the definition of ‘law’ given in Article 13. This article has also focused on the whether freedom of religion is an inalienable right or not and if yes, then can it be further extended to Personal laws? This paper will also try to look into the circumstances where Court can interfere in the matters which are related to Personal laws.
Keywords: Article 13, Constitution, Religious freedom, Personal Laws, Approach.
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