Abstract

The Indian Constitution and Democratic Ideals have always placed high value on gender equality; nevertheless, discrimination and gender inequality are still prevalent in Indian society and the legal system as a whole. Women have less room to claim land or property, especially when it comes to succession and inheritance. As most Indian land is inherited, very few Indian women own land outright. Gender bias is pervasive in the social structure and culture of patriarchal societies. Several studies have highlighted the link between women’s security and property rights, contending that this exposes them to both structural and physical violence. The ability to assert claims to land and property, especially regarding succession and inheritance, has been denied to women. This study explores the application of family laws to religious communities that are still active in contemporary India but predate colonialism. Examining the role of the Judiciary, the third organ of government, is necessary to look into the many and varied issues about the property rights of spouses and female members that are brought up by the existence of communitarian “Religious Personal Laws.” One of the mainstays of democracy should always be the inclusion of underprivileged or marginalized groups. Legislators must craft laws to strike a balance between removing redundant social customs and upholding democratic norms to create an equitable society. The use of law as a tool for social engineering is acknowledged, and as society evolves, so too should the application of the law, either through legislative action or judicial interpretation. Thankfully, the knowledgeable or learned men of the judiciary stepped in when the legislative bodies failed to carry out their mandate, and sometimes this resulted in the realization of the democratic setup of the inclusion process.

Keywords: Personal law, Equality, Constitution, Constitutional rights, Property laws, Judiciarylie diplomacy, Taiwan, Ukraine