Abstract

This research article examines the evolution of personal laws in India, highlighting the interplay between traditional customs, colonial legacies, and modern legal principles, particularly under the framework of the Indian Constitution. It emphasises the role of judicial activism, as demonstrated by landmark Supreme Court judgements like the Shah Bano and Shayara Bano cases, which have often challenged traditional practices to uphold constitutional values of equality and justice. The article explores the gendered implications of personal laws, critiquing their patriarchal underpinnings and advocating for a more gender-sensitive legal framework. It also delves into the contentious debate surrounding the implementation of a Uniform Civil Code (UCC), balancing the need for legal uniformity with respect for India’s cultural diversity. The socio-political context, including the influence of social movements and political dynamics, is crucial to understanding the public response and the judiciary’s evolving role in personal law reforms. The study calls for a nuanced approach to judicial interventions, ensuring a balance between activism and restraint while upholding fundamental rights and fostering social justice.

Keywords: Harmony and discord, Personal laws in India, Judicial activism, Gender justice, Constitutional identity