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Legal Pluralism and Gender Justice in Marriage: A Comparative Study of Personal Laws

JOURNAL:MAZEDAN STATE POLICIES AND LEGAL REVIEW

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# Authors First Online DOI Downloads Citations
1. MOHIT KANDPAL*, HADIYA KHAN 31 May 2024 NA 6 0
Abstract

Indian legal pluralism presents a separate challenge to the gender equality sphere by involving elements related to marriage and the family as personal laws. The differences in Hindu, Muslim and Christian matrimonial law in India as Hindu, Muslim and Christian law remain as important examples are compared. This assessment aims at examining the means through which the aforesaid legal frameworks introduce or restrict the use of gender justice principles. This issue is further examined in the research regarding issues on marriage, divorce procedures, inheritance laws, and maintenance favored by Hindus, Muslims and others. Noteworthy about the case is that other side has been generating most of the issues that include triple talaq in Muslims, inheritance rights of women in different communities, and the age of marriage for women. This paper would be divided into two main parts. Discuss the historical development of the personal laws and their influence on gender equality within matrimonial relationships. In addition to that, it touches upon significant debates going on the family, norms and the advocacy efforts to repeal the gender discriminating laws and to bring about the equality. Eventually, this research contributes to the comprehension of the multifaceted aspects of legal plurality, women rights and cultural diversity within the Indian legal system, providing recommendations that could be acceptable by policy discussions and advocacy strategies aiming at inclusive and gender just marriage laws

Keywords

Marriage, Personal Laws, Gender, Justice, Equality

References

  1. [1]    R. K. Aggarwal, Hindu Law (Central Law Agency, Allahabad, 7th edn., 2013).

    [2]    Aqil Ahmed, Mohammedan Law (Central Law Agency, Allahabad, 11th edn., 2007).

    [3]    Paras Diwan, Modern Hindu Law (Allahabad Law Agency,12th edn., 2013).

    [4]    Hindu Marriage Act 1955

    [5]    Hadas Tagari, Personal Family Law Systems- A Comparative and International Human Rights Analysis, CIJL

    [6]    A.M. Bhattacharjee, Matrimonial Laws and The Constitution 2 (Eastern Law House, 1996).

    [7]    V.A. Smith, The Oxford History of India 371 (Oxford University Press, 1923).

    [8]    Gender Justice in Marriage Laws, available at: www.legalservices.com (Visited on April 13, 2024).

    [9]    Paras Diwan, Modern Hindu Law 26 (Central Law Publication, Allahabad, 12th edn., 2014).