AUTHOR: BHOOMI MAHAJAN, MEWAR LAW INSTITUTE

Major issues of Marriage, inheritance and even religious matters are controlled by personal laws in India. History says that these laws put women at a disadvantage. But legal changes and key rulings have begun to press for more equitable treatment of the sexes in these regimes. This blog traces the journey of women’s rights in Hindu, Muslim, Christian and Parsi personal laws while analyzing the contribution of courts and legislation to it.

The Hindu Code Bills, passed in the 1950s, were also some of the first laws that brought reforms in religion associated with gender:

The right to divorce was established by the Hindu Marriage Act, 1955, for both husband and wife, whereas the provisions relating to judicial separation were passed earlier under the The Hindu Marriage Act 1955.

The 2005 reform in the Hindu Succession Act gives daughters the same right in the forebears property as sons.

Women under Hindu Succession Act, 1956 have the right to legally own the property under her name.

Case Insight:

In Vineeta Sharma v. Rakesh Sharma, the Court considered that daughters are successors by birth while cementing their property rights.

Practices like triple talaq and polygamy are considered as unconstitutional but were part of Muslim Personal laws. However, courts have introduced major changes:

In the Shah Bano case, maintenance will be given to muslim women (Section 125 of CrPC). 

The Shayara Bano Case helped in making the triple talaq an offense which is punishable under law. 

To protect the rights of Muslim women, Muslim Women (Protection of Rights on Marriage) Act, 2018 was introduced which considered triple talaq as a crime which is punished by law. 

To file a divorce, Christian women have to prove many grounds under the Indian Divorce Act, 1869 but the 2001 amendment made equalized grounds for both genders. 

Under the Parsi Marriage and Divorce Act, 1936 Parsi women can take divorce and can also claim maintenance for the same divorce.

Article 44 of the Indian Constitution laid down common laws for the citizens of the country, without discriminating. Some see this as a way to end gender discrimination but for others it can raise serious issues.

Courts have made several changes with the help of the Constitution to interpret personal laws in a gender sensitive manner:

In the notable case of Daniel Latifi, the court held that the man is required to pay maintenance to his wife during iddat period and that maintenance should be enough for her future too.

Githa Hariharan vs. Reserve Bank of India, according to this case a mother can be a natural guardian even if the father is alive.

There are many unorganized sectors and customs that are still prevalent in today's time. 

Despite having many codified laws in India, social barriers are still there and discourage women from their rights. 

Lack of awareness also impacts marginalized women. 

The women's rights under India's personal laws had a gradual shift from patriarchal norms to constitutional values. While many relevant judgements have been given and changes have been made but true gender equality still requires a broader change. It must be supported by awareness, education and consistent enforcement.