AN ASSESSMENT OF STATUS OF PERSONAL LAWS IN INDIAN CONSTITUTION

Abstract

Personal law is one of the only elements of the Indian legal system. It is a rule that regulates marriage, the heritage, etc. of persons of a certain religion. Such social systems have been legally recognised in India. India is a multicultural society and various groups have different personal laws in India. The role of personal law within the Indian legal system should be ensured in the absence of clarification with regard to the status of personal law, whether it is a "law in force" or a "law in force" or a tradition which has "force of law.' The problem of personal law reforms was also resisted by the religious denominations, especially by the Muslims, in an aggressive way. In a social welfare state such as India, the judiciary must take a militant stand to abolish all prejudice it does as a judicial activism. Judicial advocacy has in many cases dealt with personal law issues. It is only by doing so that the massive forms of discrimination in personal laws are curbed and the constitutional values of equality and fraternity are thus achieved. Not considering Personal Laws ‘Law’ under Article 13 of the Constitution and keeping it outside the purview of Judicial Review gives rise to dangerous situation where women will be made victims of male dominance and abuse and social exploitation without any legal remedy. The object of the study is to see the status of the Personal Laws vis- a- vis the need of social justice and if a common civil code is adopted will it be treated as a ‘Law’ in the secular domain.