LEGAL PLURALISM AND GENDER DISCRIMINATION: HOW PERSONAL LAWS ACROSS DIFFERENT RELIGIONS IMPACT WOMEN'S RIGHTS

Abstract [English]

Legal pluralism refers to the coexistence of multiple legal systems within a society, with each system governing specific aspects of social relations. India being a large and diverse nation, with indigenous beliefs, cultural practices of various ethnic groups and multiple religious customs has a complex legal landscape that includes personal laws based on religion.
In articles 25 and 26 of the Indian Constitution religious beliefs of individuals are safeguarded. Article 13 recognizes customs as laws in force and article 29 enshrines protection of minority group's culture. While it is commendable that the Constitution of India is an inclusive and secular document, its view of religious freedoms is idealistic. Religion when used to govern political matter or public matters is frowned upon, but the same beliefs when used to regulate personal and family matters are given legal recognition. This has led to a situation where personal laws based on religion perpetuate gender discrimination and inequality. This paper aims to explore the concept of legal pluralism in India and its impact on gender discrimination. The personal laws of various religions in India, such as Hindu, Muslim, and Christian laws, often contain provisions that discriminate against women. And the courts while applying these personal laws, often uphold discriminatory practices and norms under the guise of religious freedom and cultural diversity. However, when it comes to gender discrimination, the existence of personal laws based on religious norms within legal pluralistic systems can create significant challenges.
These personal laws, which are based on religious principles and beliefs, often perpetuate gender inequality and discrimination against women. In order to achieve gender equality, it is crucial to address the discriminatory aspects of personal laws and work towards a more uniform legal framework that upholds fundamental rights and principles of gender equality. In the context of gender discrimination, legal pluralism plays a crucial role in shaping the rights and status of women as it reflects the coexistence of various sets of personal laws that may differ in their treatment of women. This research aims to delve into the impact of personal laws derived from different religions on women's rights, shedding light on the intersection of legal pluralism and gender discrimination.