Gender Equality and Personal Law in India

Introduction

Through Articles 14, 15, and 16, the Constitution of India guarantees gender equality by forbidding discrimination based on sex and guaranteeing equal protection of the law.^1 However, the personal laws that govern family affairs such as marriage and inheritance have produced gender-based inequality, and this has resulted in a collision between the constituent principles of equality and personal laws in practice. For example, some personal laws give men the opportunity to have multiple wives, whereas they bar women from having more than one husband^2; on the other hand, some personal laws afford unequal inheritance rights, which some courts have challenged, as have women's rights groups. India has been historically patriarchal for centuries, and at this time, women need to live with the assertion of their rights. Disparity can be seen between men and women across a very broad spectrum, even today, in this modern age. This inequality exists not only in workplaces, but in our very homes. Culturally embedded systems of practices and customs in India have morphed into completely normalized phenomena for so long that they exact the liberty, free will, and autonomy of personal views from women. Women are denied opportunities; they cannot hold their own opinions, and are confined to what is ultimately a shared household; thus, women are entirely reliant on men.^4

Constitutional Promise vs Personal Law’s

"Constitutional Promise vs. Personal Laws," underscores the persistent tension in countries like India between, the guarantees of equality and non-discrimination imbued in a secular constitution and a personal law system governed by religion pertaining to family life. Tension has been one of the critical issues facing the judiciary and legislature, because it involves fundamental rights such as equality before the law in Article 14, and freedom of religion in Article 25.^5

Gender Inequality in Various Personal Laws

1. Hindu Succession Act, 1956 

•Daughters were not granted equal property rights as men in the Hindu Succession Act, 1956, with respect to the rights of inheritance of ancestral property.^5

•In 2005, following a revision, daughters were granted an equal right, which marked the first and largest step forward toward gender equality.^6

2. Muslim Personal Law

•According to classical interpretations, daughters inherit half of what sons inherit.^7

•Men can have multiple wives (up to four), but women cannot have husbands.^8

•Triple talaq (instantaneous divorce) was struck down by the Supreme Court in Shayara Bano Case (2017), and made punishable in 2019, representing judicial interest acting in support of Muslim women.^9

3. Personal Laws of Christianity & Parsiism

.Previously, Christian women faced biases in the divorce and inheritance process. The discrimination was partially reformed due to amendments.^10

.The Parsi personal laws prevented women who married outside the Parsi community from receiving inheritance and benefiting religiously. In Goolrokh Modi Case (2021), the Supreme Court ruled against such customs.^11

Uniform Civil code (UCC): a solution, or a trouble?

Article 44 of the Directive Principles continues to promote a Uniform Civil Code for all citizens.^12 

Supporters believe that:

✅ It guarantees equal rights based on religion^13

✅ Women will not be subject to religious laws that discriminate based on gender^14

Critics are concerned about:

❌ Loss of further cultural identity^15

❌ Imposition of UCC without community acceptance^16

Challenges to Gender Parity in Personal Law

•           Patriarchal mindset entrenched in society

•           Low legal literacy among women

•           Slow pace of legal reforms

•           Weak enforcement of progressive legislation^17

Conclusion

India achieved remarkable progress—through judicial engagement, legal reforms, and constitutional enforcement—in achieving gender equality in personal law. However, mere changes in provisions do not bring about real equality, mindsets will need to change as well. Laws must turn from paper enforcement into real social change, for it is unjust to a society that continues to deny one-half of their population equality to claim it is justice^18.

Therefore, the goal must be clear: faith can remain personal, but justice must remain equal.

1. Constitution of India, Arts. 14–16.

2. Muslim Personal Law practices permitting polygamy for men.

3. Socio-cultural restrictions on women in patriarchal households.

4. Constitution of India, Arts. 14 & 25.

5. Hindu Succession (Amendment) Act, 2005.

6. Ibid

7. Traditional interpretation of Muslim inheritance law.

8. Polygamy provisions in Muslim personal law.

9. Shayara Bano v. Union of India, (2017) 9 SCC 1; Muslim Women (Protection of Rights on Marriage) Act, 2019.

10. Historical bias in Christian personal law; later amendments.

11. Goolrokh Modi v. Burjor Pardiwala, (2021) 7 SCC 369.

12.  Constitution of India, Art.$ 44.

13.  Argument for equality through uniform law.

14.  Protection from gender-biased religious practices.

15.  Concerns on loss of cultural identity.

16.  Debate on lack of consultative consensus.

17.  Poor enforcement of progressive laws

18.  Judicial and legislative progress toward equality.

This article is authored by Gauri Singh Pawar, who was among the Top 40 performers in the Quiz Competition on International Human Rights organized by Lets Learn Law.