Harmonising Rule of Law and Personal Laws: The Pursuit of Gender Equality in India

Abstract

The Rule of Law is a philosophical principle, typically interpreted as a safety mechanism against the arbitrary actions of the State. The true essence of the Rule of Law are ideals such as equality, fairness and justice, which not just act as a check on the State’s actions but also help achieve a just society as envisioned by the makers of the Indian Constitution. Article 14 of the Indian Constitution embodies the true spirit of the Rule of Law, which guarantees “equality before the law and equal protection of laws”.

India is a state deeply rooted in its customs and religion and the same is reflected in its legal framework, especially with respect to personal and family laws. This research paper through Doctrinal Methodology, shall analyse whether the personal laws are aligned with the ideals of the Rule of Law. The purpose for such an analysis is because, this area of law continues to reveal instances of gender-based discrimination which raises questions if constitutional equality is truly realised in personal laws. There have been multiple legislative reforms, amendments and precedents that have attempted to address these issues, but the co-existence of multiple personal laws prevents the uniform application of constitutional principles. A solution that is often presented while addressing these issues is the Uniform Civil Code (UCC), i.e., one law for all, which reflects equality and fairness. This might align with the Indian Constitution, but there are valid criticisms about UCC, undermining the religious and cultural diversity that holds the Indian Society together. By analysing these perspectives, the paper shall examine if India’s current legal framework on personal laws aligns with the essence of the Rule of Law, or a reform is necessary to acknowledge equality within the nation.