A Struggle for Equality in the Private Realm of Family Law

Abstract

Equality before the law and equal protection of the law is a constitutional constant. However, the judiciary has clearly stated in Narasu Appa Mali (AIR, 1952 Bom 84) that personal laws stood outside the purview of the constitution. The situation today is that the plurality of personal laws in India, and women’s equality and rights within each personal law, differ. While a Uniform Civil Code may seem impractical keeping in mind the myriad systems of landholdings, tenancy rights and tribal systems that exist in India, moving towards equality within each personal law and creating secular systems of law to protect women within families is not just doable, but is the model of equality that the constitution in its current interpretation seems to justify. This chapter dwells on the catalytic role of some feminist woman lawyers not only in bringing personal law into the realm of political and legal debates, but also in actually transforming personal laws.