From Tradition to Reform: A Comparative Study of Personal Laws in India

Aastha Mishra

doi:10.36948/ijfmr.2024.v06i06.31550

From Tradition to Reform: A Comparative Study of Personal Laws in India

Author(s)	Aastha Mishra
Country	India
Abstract	The legal system of India is characterized by its diverse structure, where individual laws concerning marriage, divorce, inheritance, and adoption are influenced by a person's religious and communal affiliations. The rules, originating from religious traditions, have continuously adapted to mirror shifting social contexts and emerging concepts of fairness and impartiality. This paper provides a comparative analysis of Hindu, Muslim, Christian, and Parsi personal laws, tracing their historical foundations, core tenets, and the complex challenges they face within India’s contemporary legal landscape. The genesis of these personal laws can be traced to religious scriptures and practices, with formal codification occurring under British colonial rule. Reforms aimed at advancing gender equality have transformed Hindu law, particularly through the 2005 inheritance amendments, yet issues persist, notably within Muslim law, where doctrines related to divorce and inheritance often favor male beneficiaries. Christian and Parsi laws are more egalitarian by comparison, though they still bear vestiges of colonial legal structures The discussion surrounding the implementation of a Uniform Civil Code (UCC), as outlined in Article 44 of the Indian Constitution, is gaining momentum, portraying the UCC as a tool to harmonize personal laws in pursuit of gender equality and social justice. However, the UCC remains challenging, with many communities concerned that it may destroy cultural autonomy. This paper critically explores the evolution and current state of India's personal laws, evaluating the possibilities and implications of a UCC. It believes that, while a path to legal uniformity is conceivable, it necessitates a nuanced approach that protects religious plurality while advancing individual rights and gender parity.
Keywords	Hindu, Constitution, Muslim, Parsi, Christianity, Uniform Civil Code, Marriage, Divorce
Published In	Volume 6, Issue 6, November-December 2024
Published On	2024-11-25
Cite This	From Tradition to Reform: A Comparative Study of Personal Laws in India - Aastha Mishra - IJFMR Volume 6, Issue 6, November-December 2024. DOI 10.36948/ijfmr.2024.v06i06.31550
DOI	https://doi.org/10.36948/ijfmr.2024.v06i06.31550
Short DOI	https://doi.org/g8r8hc

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From Tradition to Reform: A Comparative Study of Personal Laws in India

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