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Personal Law The continuing legal recognition of personal law in India means that laws specific to different religious communities govern certain legal matters, including marriage, divorce, maintenance, guardianship, adoption, inheritance and succession. Although everyone is subject to the same criminal law, certain parts of civil law vary by community, a legal and administrative structure which extends back to the British colonial period. Hindus, Muslims, Christians other religious communities each have their own code for such cases. Although India’s system of personal laws is a far reaching attempt to recognize and deal with cultural and religious differences, it poses some political dilemmas. There is a raging general debate over whether India should have a uniform civil code or continue these distinct legal traditions. Specific court cases raise their own more particular issues, sometimes pitting minority religious group rights versus women’s rights. Although each of the personal codes are disadvantageous for women, including that of the majority religion, Hinduism, the public critiques of personal law by politicians, the media and activists tend to dwell on Muslim personal law (MPL) in particular. Proposals for developing a uniform civil code (UCC) that would apply to all citizens are favored by many women but are viewed with alarm by many Muslims, who have the impression that a uniform civil code is primarily meant to undermine the Muclim personal law. |
