Balancing Tradition and Transformation: A Study of Indian Judiciary’s Post-Colonial Responses to Reform Personal Laws to Ensure Gender Justice

Abstract

This paper analyses the role of Indian judiciary in accommodating the clash between personal laws and the constitutional principles of gender equality.

In this paper, there is analysis by keeping gender justice within the constitutional framework and pressing on the importance of article 14, 15 16 and 21, which talk about equality, non-discrimination and dignity, further the paper also dives into how India’s international obligations under many instruments/conventions is undermined due to personal laws, This further creates an obligation to the country in its commitment to gender equality at both national and International level.

This paper also speaks about how many constitutional provisions serve as the foundation for Indian judiciary to intervene in cases were personal laws are discriminatory. This paper delves into aspects of dynamic role played by the Indian judiciary through many of its judgements where the courts have intervened to challenge the discriminatory practices. This paper further speaks about the progressive interpretation of fundamental rights like how the scope of article 21 was expanded from right to live in dignity to gender Justice.

The paper further speaks about the limitations of Indian judiciary where the courts have shown limitations, particularly in cases of sensitive cultural practises, where the approach of judiciary is questionable when challenged with deep social customs. The paper talks about the need for legal awareness among women and an effective approach between judiciary and legislature so that achieving gender justice in India becomes a balance between respecting cultural diversity and upholding constitutional principles with the Indian judiciary, playing an important role in collaborating this dynamic process.