Gender Equality and Personal Law: Impact of ShayaraBano case on status of Muslim women in India

Vol-3 | Issue-09 | September 2018 | Published Online: 07 September 2018    PDF ( 186 KB )
Author(s)
Rajendra Prasad Verma 1

1Ph.D. Scholar (MPCT-2015), Dept. of Law, Maharaja Ganga Singh University, Bikaner (Raj)

Abstract

From the cradle to the grave, females are the victims of numerous ruthless conducts of male-dominated society such as inequality, oppression, and violence not only in the family but also at the workplaces. Laws that restrict discrimination are nothing but a tough nut to crack. The denial of equal opportunity in education and employment, deprivation of sexual and reproductive rights, below standard domestic status plus the use of social forces and physical violence to intimidate women – all these violations against the right to equality. No community is spared this. The position of Muslim women claims much attention. They are subject to the interface between gender and community within a social, political and economic context. The path-breaking decision of the Supreme Court upholding the constitutional validity of the controversial Muslim’s right to triple divorce. The positive interpretations by the judiciary have started a new era of protection of rights within the established principles of Muslim law, but still, many changes are yet to come. Legal or Judicial approaches are not the only way to root out the evil of inequality. Gender justice in reference to Muslim women is subject to personal awareness. The researcher shall advocate a uniform civil code to establish equality in matrimonial disputes.

Keywords
Gender equality, Personal Law, Muslim women
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