• Research/Scholar Paper name – Conflicting Fundamental Rights of Women and Personal Law – Need of Codified Law: An Analysis
  • Author: Suruchi Dubey
  • Institution: CMR School of Law
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 24/06/2022

Abstract:

Historically, the criminal justice system has been built by men for men, which has resulted in laws and practises that fail to consider the pathways to female incarceration and their mitigation. Higher levels of gender-based violence against women and girls, such as arbitrary executions, torture, sexual abuse, and forced marriage, can emerge from conflict. Sexual assault against women and girls is becoming increasingly common, including as a military tactic. Due to the widespread breakdown of the rule of law, the availability of small arms, the dissolution of social and family institutions, and the “normalisation” of gender-based violence as an extra element of pre-existing discrimination, gender-based violence rises in post-conflict nations. Because of the breakdown of political, economic, and social structures, as well as high levels of violence and militarism, trafficking is intensified during and after conflict. On December 10, 1948, the United Nations enacted the Universal Declaration of Human Rights, which states that all human beings are born free and have an equal right to dignity. Similarly, the Indian Constitution grants various rights to all citizens, regardless of gender, including the right to equality in Article 14, the right to life, and personal liberty in Article 21. Courts have no authority to intervene in religious communities exercising their freedom of religion as long as it is neither harmful or oppressive. Courts should not attempt to rationalise religious and faith questions, and they cannot conduct judicial review. But the question arises if the personal laws are affecting the human rights of women or is in contravention of the fundamental rights provided by the constitution in such cases how the court take decision whether it will be in contravention of human rights or in violation of fundamental rights. The aim of this paper is to understand the same issue and also to know whether we need more codified laws in order to protect women.

Conflicting Fundamental Rights of Women and Personal Law – Need of Codified Law: An Analysis

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