Personal Laws and the Rights of Women

Abstract

There exist different personal laws in India. The Hindus, Buddhists, Jains and Sikhs are governed by Hindu law. Muslim law applies to Muslims. The Christians are governed by Christian law and Parsi law applies to the Parsi. Jews have their own personal law. Women’s rights in relation to marriage and property are not adequately protected under these personal laws. This has resulted in gross violation of human rights of women guaranteed under the Indian Constitution and also under the International Conventions relating to protection of human rights. This paper makes an examination of the provisions of different personal laws which are discriminatory against women. It recommends the unification of personal laws in the form of a uniform civil code consisting of fair, just and non-discriminatory provisions. The formulation of a uniform civil code would go a long way in improving the status of women in India.