CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW AND GOVERNANCE

PROJECT ON THE TOPIC OF- “ Unequal Status of Women Under different

Personal Laws”

Under Supervision of-

Dr. Pallavi Singh

(Assistant Professor)

School of law and Governance

Central University Of South Bihar

Submitted by-

Sapna Rajmani

Enrollment no.CUSB1813125089

B.A L.LB Semester- 5th (2018-2023)

Section – “A”

School of Law and Governance

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 ACKNOWLEDGEMENT :-

You are most welcome in my project work on the topic of “Unequal Status of Women Under
different Personal Laws”. This project is given by our honorable subject professor “Pallavi
Maam” and I would like to thank her for giving me such opportunity to work on this specified
topic.

I would like to express thank to my seniors who reviewed my paper for rendering constructive
and valuable suggestions and comments that have helped a lot in improving the quality and
content of this paper.

Last but not the least, thanks to all who directly or indirectly helped me in completing of this
project. I have made this project with great care and tried to put each and every necessary
information regarding the topic. So at the beginning I hope that if once you will come inside this
project you will be surely glad.

Sapna Rajmani

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 TABLE OF CONTENT :-

INTRODUCTION 3-4

STATUS OF WOMEN UNDER HINDU PERSONAL LAW 5-8

STATUS OF WOMEN UNDER MUSLIM PERSONAL LAW 8-10

STATUS OF WOMEN UNDER CHRISTIAN PERSONAL 10

LAW

STATUS OF WOMEN UNDER PARSI LAW 11

CONCLUSION 11-12

REFERENCES 12

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 INTRODUCTION :-

When we talk about the status of women not only in Indian context but also throughout the
world, it has been subject to many changes over the span of time. It is evident that women have
to suffer a lot to recognize their status and rights in the society which is more tilted towards
patriarchy. Although, there are many laws made by the government specifically for women in
order to ameliorate their prevailing status in the society but has not been successfully
implemented at that extend as it supposed to be. We experience drastic changes in the status of
women, what it has been undergone till now.

During Vedic period, women were in glorious position, they were allowed to participate in
societal meetings, they were allowed to learn music, dance, arts etc. they also took part in wars,
allowed to study in gurukuls. The status of men and women were equal during Vedic period.
Women were allowed to perform thread ceremony, they had right to select their life partners of
their choice. Vedic era was the golden era so far as status and personal freedom of women are
concerned. They were given all types of freedom and rights to act according to their own choice.
They were given due respect in the family and society. 1 In post Vedic period we can easily
evident that women suffered drastic hardship and there were restrictions on women and authority
of men was increased. This is the period after which the status of women started getting
detoriating. Then during medieval period, the position of Indian women became more and more
critical as compared to post vedic period. Social evils like Child marriage, Female infoeticide,
Sati Pratha, Dowry system, Devdasi system etc. prevails in the country. During British period,
the position of women ameliorate at some extend and this was result of various movements like
social reform movement, nationalist movements etc. 2After independence also, many laws were
formulated and been passed by the government of India to give advantages and privileges to
women in the country for their upliftment in every field of life. However, it is still difficult to say
that women are being treated as equal to man to their status which had been found, back in the
glorious period of Vedic era. Around the world, discrimination against women persists, much of
it in blatant, tolerated, legal form. It makes no sense that the right to equality has been affirmed
repeatedly, in international law, National Constitution and various treaties.3

1
Chauhan, Poonam S., Lengthening Shadows- Status of women in India, (1st Edition, 1999), pp. 14 &15
2
Tripathi, S.C, Women and Criminal Law , 2nd Edition, Central Law Publications, 2014

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As far as different personal laws are concerned, is evident that there also women are being
victims of numerous discriminatory laws related to family law, limiting women’s right to marry,
divorce and re-marry, and allowing for such marital practices as polygamy. Laws that explicitly
discriminate are only tip of the iceberg. The denial of equal opportunity in education and
employment, exclusion from political representation, deprivation of sexual and reproductive
rights, plus the use of social forces and physical violence to intimidate and subordinate women-
all these violation are of rights to equality.

We all know that in our country .i.e. India an array of personal laws exist where applicability of
these laws is based on the religion professed by different communities. The Hindus, Buddhists,
Jains and Sikhs are governed by Hindu Law. 4 Muslim law applies to Muslims. 5 The Christians
are governed by Christian law, Parsi law applies to the Parsi and Jews have their own personal
law. The only Common feature of all these different personal laws is that, they are prejudiced
towards women and shows favouritism to men. Further, the paper will elaborate the status of
women under different personal laws in India.

STATUS OF WOMEN UNDER HINDU PERSONAL LAW ;-

This heading is divided into different sub-headings which are mentioned below:

Marriage and Divorce Laws-

As we see ancient Hindu Law, it discriminated women in all respects. The marriage laws were
not equal for men and women. According to Vedas a Hindu Marriage is an indissoluble union till
eternity.6 Hindu Marriage is a sacrament. It is eternal and continues for lives in the sense that
wife cannot take another husband even after the death of her husband. However, the husband

3
‘Women Rights and Personal Laws; A comparative Analysis’, https://shodhganga.inflibnet.ac.in, last visit: 1 Oct
2020 at 17:50
4
The Hindu Marriage Act,1955,§ 2 (a).
5
The Muslim Personal Law (Shariat) Application Act, 1937, § 2
6
Diwan, Paras; Modern Hindu Law, 24th edn., Allahabad Law Agency, Allahabad, 2020

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could enter into the sacramental fold of marriage any number of times because unlimited
polygamy was permitted under Hindu Law before enactment of the Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955 has removed these disparities to a large extent. It has made
monogamy the rule for both men and women. Women cab dissolve her marriage and freely enter
into another marriage according to law.7 But prior to the enactment of Hindu Marriage Act, 1955
wives were not allowed to leave her husband till her last breath somewhere by prominent ancient
texts also, it was believed that a woman after her marriage was just like a sheltered cow of her
owner and therefore, not allowed to leave her owner at any cost. Even she could not marry to
another person after his death. As per section 5 of the Hindu Marriage Act, 1955 lays down the
conditions for a marriage. It says both the parties to the marriage should have the capacity to give
consent to the marriage.8 But when we go on its practical application, the consent of girl is not
given much value than boy’s consent for a marriage. There may be a situation where the girl
does not like the boy with whom she is marrying only on the desire of her parents, instead of that
it is not of much importance under the Hindu society of patriarchy, irrespective of laws provided.
However, on this ground the marriage cannot be dissolved. She has to bring it under grounds of
dissolution of marriage provided under the Hindu Marriage Act, 1955 9 otherwise; dissolution of
marriage is not possible. The hon’ble Court clearly held that marriage cannot be dissolved on a
ground not specified in the act.10 Although, there are extra grounds available for dissolution of
marriage and this can only be use by women (wife) in order to dissolve any marriage.

Property Rights of Women -

The different schools of Hindu Law prior to the codification, recognizes only son coparceners as
the owner of the joint family property. At that time women could not be a coparcener and hence
had no property rights. When the Hindu women’s Right to Property Act was passed in 1937, it
conferred the property rights on women but it did not give absolute rights over the property.
Then in 1956, the Hindu Succession Act was passed it gave property rights to women where
mother, wife and daughter were made under class-I heirs. Even after the passing of Hindu

7
Lakshmi , P, ‘Personal Laws and the Rights of Women’, Christ University law Journal,1,1 (2012), 91-99
8
The Hindu Marriage Act,1955, § 5
9
The Hindu Marriage Act, § 13
10
Rajendra Prasad v. Anita, 1993 Del 135 (India).

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Succession Act, 1956, women were not kept on par with their male counterparts. 11 After the
amendment of Hindu Succession Act in 2005, it has made a huge change. Now the daughter has
the same rights in the coparcenary property as that of a son. 12 The hon’ble Supreme Court has
held that amended section has prospective effect. The right is conferred on the daughter of a
coparcener on and from the commencement of the amendment. 13 In the male dominated society,
it is believed that only sons are entitled as the coparcener of the property and under such believe
there is every possibility that the women can be deprived of the property rights and without
keeping a check on the testamentary capacity of Hindu male, the Hindu succession (Amendment)
Act, 2005 may not serve its true purpose.

Matrimonial Property –

In India we do not have any law relating to matrimonial property, as it is the effort and support of
both of partners in purchasing of any property during their matrimonial union thus, both should
have equal right over that property but generally we found that such properties when brought that
registered under the name of husband. Hence, at the period of divorce, females have no rights to
their household or to other assets gathered during marriage and if for some reason, the marriage
breaks, then she has to ask her husband for maintenance as the modern system of law there exist
the obligation of husband even after the dissolution of marriage.14

Law of Adoption –

Prior to the commencement of the Act, 1956, there was no such requirement that the consent of
the wife was necessary. The consent of the wife is only requires under the Act of 1956 and to any
adoption which took place before the Hindu Adoption and Maintenance Act, 1956 this provision
would obviously have no effect. But the Act of 1955, not removed the discrimination against
women, it continues as a married woman cannot adopt child during the subsistence of the
marriage.15 Now the section 8 of the Act, 9156, has totally been substituted by the Personal law
(Amendment) Act, 2010 and it states that any female Hindu who is of Sound mind and is not a
minor has capacity to take a son or daughter in adoption except without the consent of her

11
Lakshmi , P, ‘Personal Laws and the Rights of Women’, Christ University law Journal,1,1 (2012), 91-99
12
The Hindu Succession (Amendment) Act, 2005, § 6
13
Prakash v. Phulwati,2015 (4) RCR (civil) 952 (India).
14
The Hindu Marriage Act, 1955, § 25
15
The Hindu Adoption and ,Maintenance Act, 1956, § 8

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husband unless the husband has completely and finally renounced the world or has ceased to be a
a Hindu or has been declared by Court of competent jurisdiction to be of unsound mind. After
the death of husband she can adopt a son or daughter, provided she does not have one of her
own.16

STATUS OF WOMEN UNDER MUSLIM PERSONAL LAW :-

This heading is further divided into different sub-headings which are mentioned below:

Marriage and Divorce Law-

Under Muslim law there is only one kind of legal marriage that is Nikah which is known to be a
valid marriage and it is not a sacramental but a civil contract. So, if the parties are adult then
their free consent for marriage is an essential ingredient for a valid marriage.17 The Madras High
Court held that preventing marriage of Muslims girls below the age of 18 years is not against
religious rights of Muslims. It enables all girls children to get proper education and
empowerment and equal status as men in the society.18 However, in the case of minor or the
person of unsound mind the consent is required to be given by the guardians of the parties to the
marriage. There are differences of opinions about who would be the guardian of the parties
through which consent would be transferred , different schools have different views on this like
between Sunni and Shia Muslim law schools. There is also an option to ratify the marriage or
repudiate the same while minor attains the majority which is known as option of puberty. If we
see, this provision is in favour of Muslim women as it give them right to dissolve her marriage
which has been done without obtaining her consent at attaining the age of majority. 19 But she can
exercise the option of puberty only when she can support herself or where somebody is there to
support her.20 Muslim law does not favour women in case of law of maintenance as after the
dissolution of marriage the woman, she is not entitled for any maintenance. A Muslim divorced
wife can get maintenance only during the period of idaat.21
16
Abhishek Sharma v. State of Uttar Pradesh, AIR 2009 AII 77 (DB) (India).
17
Amina v. Hassan Koya, (2003) 6 S.C.C.93 (India).
18
M. Mohammad Abbas v. The chief Secretary, Government of Tamil Nadu, AIR 2015 Mad. 237 (India)
19
The Fatwai Aalamgiri, I 405; The Hedaya, 95
20
Lakshmi , P, ‘Personal Laws and the Rights of Women’, Christ University law Journal,1,1 (2012), 91-99
21
The Muslim Women ( Protection of Rights on Divorce) Act, 1986, § 2 (b)

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Under Muslim law a Muslim Husband is permitted to have four wives at a time. But a Muslim
woman can have only one husband at a time. If she contracts a second marriage during the
subsistence of the first marriage then the second marriage will be void and she can be punished
under the Indian Penal Code, 1860, for committing the offence of Bigamy under Section 494,
However, a Muslim man can marry a Muslim girl, a Christian or a Jewish girl. But a Muslim girl
can marry only a Muslim man. If she marries a Hindu, Jew or a Christian man then that marriage
is void.22

Property Rights of Muslim Women-

Before the enforcement of Shariat Act, 1937 the Muslims were governed by the customary laws
which were unjust at some extent and were absolutely against the Muslim women. After the
enforcement of Shariat Act, 1937 Muslims in India came to be governed in their personal
matters, including property rights, by Muslim personal law. Under Muslim Law men and women
have equal rights of inheritance .But a man’s share of the inheritance is double that of a woman
in the same degree of relationship to the deceased. The quantum of property inherited by a
female heir is half of the property given to a Male of equal status. It is a manifest sample of
unequal treatment of women under Muslim Law.23

Daughters as a rule are entitled to inheritance. But sometimes they are excluded from inheritance
by custom or statute. In such case, the shares of other heirs are calculated as if daughter did not
exist. Among the Gujars of Punjab and Jammu Kashmir, daughters are excluded from the
inheritance by Custom. They succeed to the property only in default agnates. 24 Under Bombay
Watan Act, 1886, if a Muslim warenndar died leaving a widow, a daughter and a paternal uncle,
then the daughter had no right to share in watan land. In such a case, the widow and uncle take
the land, as if the daughter did not exist. 25 On one hand Muslim law has putted daughter’s rights
of inheritance at the stake and on the other hand sons have been given privilege over daughters
where, brother takes double of his sister’s portion.

22
AFAR A.A. FYZEE & TAHIR MAHMOOD, MUHAMMEDAN LAW 99 (2008)
23
Lakshmi , P, ‘Personal Laws and the Rights of Women’, Christ University law Journal,1,1 (2012), 91-99
24
Aziz Dar v Fazil, (1960) J & K 53 (India).
25
Diwan, Paras, Muslim Law in Modern India,13th Edition, Allahabad Law Agency,2018

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This has been looked upon as discrimination against women. There used a logic behind why
women are given lesser share and it was answered that because Koran has assured inheritance to
women not only as daughters but also as mothers and wives.

STATUS OF WOMEN UNDER CHRISTIAN PERSONAL LAW :-

The two statutes were enacted to regulate Christian marriage in India. The Indian Divorce Act,
1857 which was modelled on British matrimonial statute, and the later enactment, the Indian
Christian Marriage Act, 1872, provided for solemnization and regulation of Christian marriage.
Among the several discriminatory provisions of Christian Personal Law, the narrow and
constrained ground of divorce has caused greatest discrimination on the part of women. Under
the section 10 of the Indian Divorce Act, 1869, the husband can obtain a divorce on the ground
of adultery, whereas the wife has to prove an additional ground either of cruelty or desertion. On
this ground Christian women face great hardships and are subjected to discriminated against her
husband as the adultery is difficult to prove and not all husbands who treat their wives with
cruelty or desert them also commit adultery.

In the same manner we can find discriminatory nature of succession of property rights for Indian
Christian Women as the Indian Succession Act of 1925, which granted equal status and rights to
daughters and sons in the parental property. This legislation seems to apply more to Europeans
and foreigners than to Indian Christians, as the large section of Christian community were
governed by customary laws were excluded from the application of this act.26

STATUS OF WOMEN UNDER PARSI LAW :-

26
Women Rights and Personal Laws; A comparative Analysis’, https://shodhganga.inflibnet.ac.in, last visit: 1 Oct
2020 at 17:50

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The marriages related to the outside religion of Parsi due to the lack of clarity on treatment of
such association made their legal rights act remain largely an unresolved and un-reconciled issue.

The Parsi Marriage and Divorce Act, 1955, governs divorce proceeding for Parsis in India. The
Parsi Marriage and Divorce (Amendment) Act 1988 provides the provision of divorce by mutual
consent.27 The Parsi women can claim maintenance from her spouse through criminal or/and
civil proceeding.

The Parsi Law of inheritance does not allow any non- Parsi woman who is the wife, or widow of
a Parsi man cannot receive inheritance from their husbands. 28 Prior to December 2017, a Parsi
Women who marries to a non- Parsi man was automatically considered to be the religion of her
husband as well as she was forced to renunciate her identity as a Parsi. Where on December 14,
2017 Supreme court overruled the verdict of Gujarat High Court which stated denial of Parsi
women to enter the fire temple. A Parsi woman is now allowed to enter the fire temple and tower
of silence and participate in other religious activities.29

CONCLUSION :-

Personal law relating to women on gender analysis reveals a pattern that no matter how much
changes has happened as well as how much developed this nation has been, instead of this we are
subjecting ourselves in the anarchism of one-sided laws. If the statute erases these inequalities,
the core power of societal harmony will be broaden as family is the basic seed of the society and
therefore, if we have to maintain democracy in family law we should remove these chaos,
otherwise these inequalities will be raising more and more of family dispute and thereby creating
disorder in the society.

Hence, for maintaining equilibrium in the society, it is a dire need to regulate the issue relating to
gender inequality in family law i.e. personal law by implementing the provisions of Constitution
effectively and by making a Uniform Civil Code to strengthened the legal structure in the

27
Professor Kusum- Family Law- Lexis Nexis: Butterworth wadhwa, Nagpur- Page 28
28
Madhok, Diksha. “ Indian women will never be equal as long as these 9 laws remain on the books”. Quatrz India.
Retrieved 13-11-2019
29
“ News: Parsi woman who married outside religion can enter fire temple, says Supreme Court in major ruling”.
Indiatoday.in. Retrieved 06-03-2020

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society. So that each and everyone irrespective of its gender could get equal and recognised
rights to all under different personal law.

REFERENCES :-

BOOKS-

 Diwan, Paras; Modern Hindu Law, 24th edn., Allahabad Law Agency,
Allahabad, 2020
 Singh,Rakesh Kumar, Text Book on Muslim Law, Universal Publishers,
New Delhi, 2011
 Fyzee, .A.A. Outlines of Mohammadan Law, 4th edn,. Oxford Unversity
Press, New Delhi 1971
 Diwan, Paras, Muslim Law in Modern India, ,13th Edition, Allahabad Law
Agency ,2018

 Chauhan, Poonam S., Lengthening Shadows- Status of women in India, (1st

Edition, 1999)

 Tripathi, S.C, Women and Criminal Law , 2nd Edition, Central Law
Publications, 2014

JOURNALS AND ARTICLES-

 Family Law and Succession, Kusum, An Annual Survey of Indian Law 1987
to 1995
 Women Property Rights: A Comparative Study of Hindu, Christian and
Muslim
 Lakshmi , P, ‘Personal Laws and the Rights of Women’, Christ University
law Journal,1,1 (2012), 91-99

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