Enumerate the various reforms in personal laws in India to eliminate their discriminatory nature.
Published: April 21, 2018
Lack of uniform civil code and personal laws with deep connotation in religion has led to lot of discriminatory provisions making their way in the personal laws of India.
Steps have been taken to address these discriminatory practices
Invalidating Triple talaq
Triple talaq was discriminatory against Muslim women. The SC invalidated the triple talaq in the case of Shayara Bano. The government has formulated the Muslim Women (Protection of Rights on Marriage) Bill, 2017 to implement the verdict of the SC.
Property rights for Women
The Hindu Succession Act, 1956 was amended with HINDU SUCCESSION (AMENDMENT) ACT, 2005 to give equal rights for women in property succession matters.
Adoption right to Muslims and Christians
SC had upheld the right of the Muslims, Christians, Jews, Parsis and all other communities to adopt a child under the juvenile justice act 2000 in 2014. Earlier it was restricted to Hindus, Buddhists and Jains.
Property entitlements for illegitimate children
The Supreme Court has held that under the Hindu Marriage Act (HMA), illegitimate children are entitled to all rights in the property of their parents, both self-acquired and ancestral which differed with earlier judgments in interpreting Section 16 (3) of the HMA that “such children are only entitled to the property of their parents and not of any other relation.”
The deep rooted suspicion has made the implementation of Article 44 which calls for formulation of uniform civil code a distant reality. Hence an active step must be taken to reform the personal laws to overcome the discriminatory provisions.
Model Questions Category: 043 - Government Policies and Interventions for Development in Various Sectors