Progressive Approach of Personal Laws to Protect Constitutional Rights of Indian Citizens

  • Gaurav Chaudhary
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  • Gaurav Chaudhary

    Phd Student at National Law University Delhi, India

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The Constitution of India, being the supreme law of the land, lays down the fundamental rights and duties of the citizens. However, these constitutional rights were often compromised by the personal laws that governed different religions in the country. Personal laws are those laws that are specific to a particular religious community and regulate their personal matters such as marriage, divorce, inheritance, and adoption. This research paper aims to analyse the progress approach of personal laws to protect constitutional rights of Indian citizens. The paper will study the historical evolution of personal laws and their impact on the constitutional rights of the citizens. It will also examine the role of the judiciary in interpreting and harmonizing the personal laws with the constitutional provisions. The research paper will analyse various personal laws, including Hindu Law, Muslim Law, Christian Law, and Parsi Law, and their impact on the constitutional rights of the citizens. It will examine the amendments made to personal laws, such as the Hindu Succession Act, 1956, and the Muslim Women (Protection of Rights on Divorce) Act, 1986, and their impact on the constitutional rights of the citizens. The paper will also study the recent judgments of the Supreme Court of India, which have upheld the constitutional rights of the citizens and struck down the discriminatory provisions of personal laws. The paper will conclude by analyzing the progress made by personal laws in protecting the constitutional rights of Indian citizens and the challenges that lie ahead in achieving the goal of gender justice and equality.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 660 - 670


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