Indian Personal Laws


Vipin Sharma
National University of Study and Research in Law, Ranchi

Article 44 of Indian Constitution Says that “The State shall endeavour to secure for citizens a uniform civil code throughout the territory of India.”  Tough the Art. is DPSP but fundamental rights and directive principles aim at the same goal of bringing about a social revolution and establishment of a welfare state and they can be interpreted and applied together. They are supplementary and complimentary to each other. It can well be said that directive principles prescribed the goal to be attained and the fundamental rights laid down the means by which that goal is to be achieved. The word “religion” has not been defined in the Constitution and indeed it is a term which is hardly susceptible of any rigid definition. The State has no religion. The State is bound to honour and to world the scales even between all religions. It may be more useful to develop a general, uniform civil code for all religions in order to reduce the possibility of loopholes. A uniform civil code would allow for clarity within the Indian legal system. The legal maze is bewildering enough without retaining a wide permutation and combination of laws which create rights in some and take them away in another depending upon their religion. The Constitution has chosen secularism as its vehicle to establish an egalitarian social order. Secularism is part of the fundamental law and basic structure of the Indian political system. Constitutional provisions prohibit the establishment of a theocratic State and prevent the State from identifying itself with or otherwise favoring any particular religion.

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Posted by Suvid Chaturvedi in The Fourth Anniversary Edition
Types of Talaq & Dissolution of Muslim Marriage- A Different Perspective

Types of Talaq & Dissolution of Muslim Marriage- A Different Perspective

Siddharth Dhawan | Amity Law School, Delhi

Only essential for a Divorce is Marriage. Divorce is the end to the spouse relationship between two individuals. It can also be termed as Dissolution of marriage. Dissolution of marriage under Muslim law can be divided into two categories, i.e. Talaq and Dissolution of Muslim Marriage Act 1939. Talaq is considered to be Male biased law, however true interpretation of Talaq under Muslim Personal Law shows that Talaq is a gender neutralized law which provides equal or more rights to the Muslim Female as well.

This paper emphasizes on determining the true character of Talaq and other forms of dissolution of Muslim marriage. The sole object of this paper is to interpret and derive the true sense out of each and every form of dissolution of marriage and removing the stereotypes related to the Talaq. Talaq provides an opportunity for reconciliation to the parties. Talaq in comparison with existing statutes provide faster remedy to the aggrieved party. With the faster remedy, Talaq is also inexpensive. The aggrieved party is free from mental and physical torture and he/she has the opportunity to get remarried. The concept of Triple Talaq which is the disapproved form of Talaq has been wrongly interpreted. The essence of Talaq law had vanished due the controversy regarding Triple Talaq. Women are considered to be at a disadvantage position under the system of Talaq, however this perception is wrong. There are certain types of Talaq which favors Women. Women had certain advantage over men in the Dissolution of Muslim Marriage Act 1939. Under section 2, grounds for dissolution of marriage are specifically provided for the Muslim Women. Also Women are entitled to maintenance from their husband during Iddat period and also after the Divorce by virtue of Section 125 Cr. Pc. Therefore, criticizing Talaq and Muslim law for being gender bias towards male is completely wrong. This paper also provides the view of the apex court of India while delivering the historic judgment on Triple Talaq. It is also mentioned in the manuscript that why Muslim forms of Dissolution of marriage is better than any other form of dissolution of marriage. This paper concludes with breaking the stereotypes related to Talaq and providing the readers and opportunity to see and interpret Talaq laws with a different perspective.

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Posted by Suvid Chaturvedi in Number 3