GENDER EQUALITY VIS- A`-VIS PERSONAL LAWS

Abstract Religious laws governing personal status do not merely affect women’s standing within their religious communities, they also condition their ability to exercise civil, political, economic, socio-cultural rights guaranteed by national and international law in both public and private life. The right to religion or belief encompasses the right to apply religious law. It is often contended that religion-based law relating to family matters should receive protection under Article 29(1) of the Constitution of India. Personal laws may regulate procedural as well as substantive rights,thus,conditioning women’s ability to obtain redress for the violation of even her basic fundamental rights e.g., lesser weightage to women’s testimony in Muslim law. The potential for conflict between constitutional provisions barring gender discrimination and ensuring equality in opportunities[Arts.14,15,16,21 etc.] and those safeguarding the freedom of religion[Arts.29,26(b) etc.] is evident on the face of it. Realms of focus of the article: I. Underlining the impact of personal laws on gender equality (inheritance and succession, rights and responsibilities during marriage and its dissolution, polygamy, natural guardian, grounds for divorce, etc. under various personal laws in India). II. Recognising areas of conflict between gender equality and the freedom of religion and outlining the normative parameters within which conflict resolution can be approached. III. Exploring the role of state in conflict resolution.