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date: 18 September 2019

Abstract and Keywords

This chapter examines the legal framework for personal laws in India. It begins with an overview of the legal system introduced for personal laws during colonial rule, along with the evolution of legislation for such laws. It then considers Hindu law reforms following Independence and goes on to discuss the manner in which the courts have tackled the challenges to the constitutionality of personal laws. In particular, it explores two approaches used by the courts to test personal laws on the touchstone of fundamental rights: the non-interventionist approach and the scrutinising approach. The chapter concludes by assessing Article 44 of the Indian Constitution and the debate over the Uniform Civil Code.

Keywords: constitutionality, courts, fundamental rights, Indian Constitution, law reforms, non-interventionist approach, personal laws, scrutinising approach, Uniform Civil Code, wome

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