Wednesday, August 21, 2013

The Changing Debate Over Personal Laws in India

The current issue of the Frontline magazine focuses on the changing debate over personal laws. In the lead story, I argue that the fragmentation of religious authority, greater debate within communities, and growing awareness of women have made the older debates over the Uniform Civil Code largely irrelevant.

The story also follows litigation by Goolrookh Gupta, who has challenged the decision by the local Parsi Panchayat to exclude women married to non-Parsis from entering the fire temple. An interview with Goolrookh provides an insight into how individual litigants take the decision to take on their community leaders.

V.Venkatesan writes on the recent judgments on live-in relationships and its implications for marriage, maintenance and prevention of domestic violence. This is followed by an interview with Justice Karnan who gave the judgement on pre-martial sex.

Another story focuses on the diverse strategies adopted by various Muslim women's groups in Tamil Nadu, including petitioning the High Court to curb the rights of qazis, pushing for greater codification of Muslim law (as opposed to an UCC) and the creation of all-women jamaats to resolve disputes. Finally, I write on the growth of Dar-ul-Qaza's, and draw on recent research by Prof Jeff Redding, to argue that institutional pluralism is compatible with the constitutional order.
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