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Should personal laws come within the ambit of personal rights?

Author: Divyansh Saluja, Student, Jindal Global Law School, Haryana, India

Abstract

Personal laws are the laws which are connected to the religion of a particular community and are formed in time with adherence to the particular religion. These laws derive legal authority through usage over a long and immemorial time-period. In the current paper, the author aims to study the trajectory of judicial decisions where the court is given the opportunity to deliberate on the questions which related to the interaction of the diverse personal laws which are being followed in the country either in the codified or the uncodified form with the fundamental rights guaranteed by the Constitution of India. Further, the author also aims to view the case laws critically and towards the end reach on to the position in India regarding the question whether the personal laws can be subjected to fundamental rights or not.

Keywords: Personal Laws, Constitution, Shayara Bano Case

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