Personal Laws and Social Change in India

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ABOUT THE BOOK

Personal Laws and Social Change in India: Critical Issues in Transition offers a rigorous and nuanced examination of the evolving landscape of family law in India. Engaging with the inherent tensions between tradition and modernity, the book critically analyses the complexities embedded within personal laws and underscores the urgent need for reform in light of contemporary constitutional values, human rights discourse, and global developments. The chapters traverse a wide spectrum of interconnected themes. Beginning with the relevance of the Hindu joint family system in the post-reform era, the discussion moves through the shifting contours of marriage from a sacrament to a contractual institution. It explores pressing issues such as spousal property rights, the status of Muslim women in the aftermath of the triple talaq judgment, and the case for recognising irretrievable breakdown of marriage as a statutory ground for divorce. The book further addresses emerging challenges, including live-in relationships, debates surrounding the Uniform Civil Code, and the constitutional implications of restitution of conjugal rights. It also examines the position of LGBTQ+ individuals under personal laws, legal questions surrounding NRI marriages, the rights of aged parents to maintenance, and the increasing significance of alternative dispute resolution in family disputes. Rather than offering a merely descriptive account, this work provides a critical evaluation of the inconsistencies, lacunae, and discriminatory elements across various personal laws. At its core, it reflects on the role of law as a catalyst for social change and the need to reconcile India's rich cultural diversity with the demands of constitutional morality. Designed for students, researchers, legal practitioners, and policymakers, this book seeks to enrich ongoing debates on personal laws debates that are grounded in India's pluralistic identity yet propelled by the pursuit of equality, justice, and meaningful reform.

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