Judicial Opinion on Whether Personal Law is a “Law” under Article 13 of the Constitution of India
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Type
Article
Date
2023-09
Journal Title
Indian Journal of Law and Justice
Journal Editor
Bandyopadhyay, Rathin
Journal ISSN
Volume Title
Publisher
University of North Bengal
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Kejriwal, S. (2023). Judicial Opinion on Whether Personal Law is a “Law” under Article 13 of the Constitution of India. Indian Journal of Law and Justice, 14(2), 421–435. https://ir.nbu.ac.in/handle/123456789/5080
Authors
Kejriwal, Shruti
Advisor
Editor
Abstract
India is a land of religious pluralism. Every religion has its own set of customs
and rituals. Personal law may apply to either a group or an individual. It is
applied based on the faith or the religion, which an individual chooses to practice
and profess. In India, there have been migrations and invasions by varied foreign
rulers, which have led to multiple set of personal laws. Some practices of these
religions are discriminatory on the ground of gender. Contemporary India
witnesses the upsurge of feminist legal responses on the concerns of gender
inequality in religious laws. Beginning from the Constituent Assembly Debates
to the formation of the Constitution of India and then the unclear varying judicial
pronouncements in relation to the personal laws by the Indian judiciary have
made the topic of personal laws dynamic. In this context, it is imperative to
understand the concept of personal laws as it prevails today. This article looks
into the location of personal laws within the structure of Article 13 of the
Constitution of India.
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Keywords
Citation
Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
14
Issue Number
2
ISSN No
0976-3570
eISSN No
Pages
Pages
421 - 435