Divorce Law

When Religion Meets Constitution βš–οΈ


Listen Later

πŸ›οΈ The Great Legal Balancing Act

🌟 Imagine you're a judge facing this dilemma: A centuries-old religious practice is causing real harm to people today. Do you respect religious freedom or protect individual rights? This episode takes you through the fascinating evolution of how Indian courts handle this impossible choice!

πŸ’‘ What You'll Discover:

  • πŸ” How courts went from "hands-off" to "we must intervene" over 150+ years
  • βš–οΈ The "essential religious practice" test - who decides what's truly essential to a religion?
  • 🎯 Why what happens in Pakistan and Tunisia matters for Indian law
  • 🌟 The concept of "constitutional morality" - when modern values clash with ancient traditions

πŸš€ Landmark Cases That Changed Everything:

  • πŸ’Ž Abdul Qadir vs. Salima (1886) - The colonial-era case that set the "hands-off" approach
  • ⭐ Sardar Syedna Tahir Saifuddin vs. State of Bombay (1962) - Can religious communities excommunicate members?
  • πŸ”₯ Mohd. Ahmed Khan vs. Shah Bano Begum (1985) - The maintenance case that sparked nationwide debate
  • πŸ’« Shayara Bano vs. Union of India (2017) - How triple talaq became unconstitutional overnight

🌍 Global Perspective:

  • πŸ—ΊοΈ How Muslim-majority countries reformed their own laws
  • πŸ”„ Why international examples now influence Indian courts
  • πŸ“Š The role of comparative law in constitutional interpretation

πŸŽ™οΈ By the end, you'll understand one of the most delicate balancing acts in Indian law - and why these decisions affect millions of lives across the country!

...more
View all episodesView all episodes
Download on the App Store

Divorce LawBy Sharad Bansal