Tag: Personal Law
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Conundrum of Modification and Application of Personal Law, Customs, and Religious Doctrines in Society
Personal Laws and Customs are integral to societal behaviour and norms. Invalidating them vide avenues of Legal Fiction often results in intruding into the lives of citizens, thereby eroding their faith in the system. Certain customs seem to be exemplary of alleged inequality; however, they are not always detrimental, especially when the said inequality may […]
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Beginning of a new epoch for Muslim women
Recently with the verdict of the Supreme Court calling the practice of triple talaq as unconstitutional has paved a golden way towards religious reforms in the Muslim personal laws against the practices that were derogatory to a woman’s dignity. BUT this is just a beginning. Much has to be done; though we cannot deny it […]
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UNIFORM CIVIL CODE- Is the time still not ripe?
Art 44 lays down a very significant directive principle of state policy- “State shall endeavour to secure for its citizens a uniform civil code throughout the territory of India”. However, although directive principles are guiding stars of our constitution, they are not enforceable in court. Citizens of India are governed by a variety of personal […]
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Delhi High Court playing with “Irretrievable Breakdown of Marriage”
Is “irretrievable breakdown” of marriage is ground for dissolution of marriage by divorce, under Hindu Marriage Act, 1955? The answer to this question clearly is that no such express provision has been incorporated by the Parliament in Hindu Marriage Act, 1955 (HMA). Then why did the Delhi High Court by its Judgement dated 21st October 2016, […]
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Breaking the Barriers of Religion Imposed over Women in India
Recently, the High Court of Bombay has pronounced a judgement on the Public Interest Litigation filed by Dr Noorjehan Safia Niaz and Zakia Soman (co-founders of Bhartiya Muslim Mahila Andolan) over the issue of restriction on entry of the woman inside sanctum sanctorum of Haji Ali Dargah. The court in its judgement has held that such […]
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Constitutional Scrutiny of Personal Laws
Constitution is the incomparable and central law of our nation is not only an archive constituting and constraining the Government, however, an epitome of the qualities and ethics of a democratic nation. It promises extraordinary security for the religious and social minorities present in the nation. Be that as it may, inside each of these […]
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