The Indian State has neither rejected nor totally accepted the claims about the inviolable nature of personal laws. Indian Constitution is ambiguous about personal laws is evident from the provisions to bring about a uniform law for all communities as the main task in reforming personal laws and at the same time, arguments, against the reform of personal law based on the constitutional right to freedom of conscience in Article 25-28 which is deemed to encompass the right to be governed by religious personal laws.
A 35 years old Muslim woman Shayara Bano, recently moved the Supreme Court of India seeking a ban on instantaneous triple talaq (Talaq-e-Biddat), Polygamy, Halala. Her petition in the Supreme Court makes no mention of the Uniform Civil Code, neither does it ask for codification of Muslim Personal Law. She has sought equality before law and protection against discrimination on the basis of her gender and religion. She challenged a personal law practice citing her fundamental rights.
The Secretary of All India Muslim Personal Board (AIMPB) as respondent number 7 in the writ petition filed its counter affidavit contending that the present edition does not fall within the Judicial Review. It further submitted that personal laws do not derive their validity on the ground that they have been passed or made by a legislature or other competent authority in the territory of India. The founding sources of both the Hindu and Mohammeden laws are their respective scriptural texts. The basic principles which are the basis of Hindu / Muslim / Christian personal laws are peculiar to their own religion, which cannot be challenged on the ground of being violative of Part-III of the Constitution of India.
But, after a detailed hearing Supreme Court of India declared this unislamic practice of instantaneous triple talaq (Talaq-e-Biddat) as unconstitutional. Other public interest litigations involving the challenge to the practice of Polygamy and Nikah-Halala is still being extensively argued in the Hon’ble Supreme Court of India giving us ample scope to discuss, debate and to come out with possible ways and means to reform personal Laws. And, Hence this call for papers on following suggestive themes.
Need and Scope for Reforms in Personal Laws in India.
Personal Laws: Authoritative sources, Government Policies and Legislative will on Uniform Civil Code.
Role of Religion to control the Personal law.
Personal Laws and Part- III of the Constitution of India.
Accountability of Secular State for violations caused by the operation of Personal Laws.
Impact of Personal Laws of a community on social reforms.
Judiciary on Personal Laws.
Law relating to Marriage, Divorce and Status of Women in different Personal Laws.
Role of various National Commissions for Gender Justice.
Politics of personal law Reforms in India: A Political Narrative.
Gender equality and its impact on Contemporary Politics.
Neo-liberal policies and Gender Justice.
Identified issues / Sub-themes are only illustrative. Participants may select the related topics covered under the main theme.
Call for Papers:
Research papers / Articles and Case Studies
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Last date for Abstract : 25th September 2018
Last date for full paper : 2nd October 2018
Language : Papers can be presented in either English or
Presentation : Selected papers will be presented in different
technical sessions followed by discussion.
Publication : Accepted papers would be published