Divorce Law

Personal Laws vs Constitution Battle βš–οΈ


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πŸ›οΈ The Constitutional Tightrope Walk

🌟 Imagine you're a judge facing this dilemma: A centuries-old religious practice clearly violates someone's fundamental rights. Do you respect religious freedom or enforce constitutional equality? This is the daily reality of Indian courts!

πŸ’‘ What You'll Discover:

  • πŸ” How Articles 25-26 (religious freedom) clash with Articles 14-15 (equality rights)
  • βš–οΈ The revolutionary "manifestly arbitrary" test that's reshaping personal laws
  • 🎯 Why judges walk a tightrope between judicial restraint and activism
  • πŸ“œ Article 44's vision for a Uniform Civil Code - dream or reality?

πŸš€ Landmark Case Discussed:

  • πŸ’Ž Shayra Bano vs. Union of India - The triple talaq case that shattered old assumptions about personal law immunity
  • ⭐ How this case proved that even religious practices can be struck down if they're "manifestly arbitrary"

🧠 The Big Questions:

  • πŸ€” Should courts actively reform society or wait for Parliament?
  • ⚑ Can personal laws hide behind religion when they violate basic rights?
  • πŸ—οΈ Is India ready for one law for all citizens regardless of religion?

πŸŽ™οΈ This isn't just legal theory - it affects millions of lives daily. By the end, you'll understand the delicate balance between tradition and constitutional rights that shapes modern India!

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Divorce LawBy Sharad Bansal