The most important and most neglected part for Civil Services Preparation is answer writing. It is not about HOW MUCH YOU STUDY but CAN YOU WRITE within word limit and time frame. After UPPCS daily answer writing practice and UKPCS DAILY ANSWER WRITING PRACTICE, ORACLE IAS comes out with new initiative UPSC DAILY ANSWER WRITING PRACTICE.
‘Personal laws although conform to cultural and religious rights guaranteed in the constitution, they must also satisfy the fundamental rights enshrined in the constitution.’ Critically analyse.(250)
‘व्यक्तिगत क़ानून यद्यपि संविधान में प्रत्याभूत सांस्कृतिक और धार्मिक अधिकारों के अनुरूप हैं, फिर भी उन्हें संविधान में निहित अन्य मौलिक अधिकारों के संगत भी होने की आवश्यकता है ।’ आलोचनात्मक विश्लेषण करें । (250)
Explain personal laws.
How individual rights infringed by personal laws
Is it really wrong?
What should be the approach in future?
Fundamental rights enshrined under articles 25 to 28 provide the right to freedom of religion in India. Accordingly, every religion has its own laws that guide the religious and family affairs and practices and places of worship and this has led to a complex relationship between freedom of religion, equality and individual rights. In the recent times there have been many such instances:-
- The women temple entry movement in Sabarimala and Shani Shinganapur temple,
- Muslim women entry into Haji Ali dargah
- triple talaq issue of Muslim women
- Muslim girls age of consent issue currently being heard by Supreme Court.
- Naga women agitation for their right to stand in local elections
In these cases the individual rights under art 14, article 15 and art 21 were/are being compromised in the name of religious/cultural practises. This restriction on women shows the patriarchal attitude of the society and is against the gender equality.
However some points are to be noted:-
- Some of these or similar practices could be explained as exceptions that actually contribute to the diversity of religious practices in the country.
- It may be argued that unless the society is ready, changes brought by law will not be able to curb these( e.g. Triple Talaqs continue even after the law) practices.
Law not only codifies society’s values, but also is a tool for social change, as seen in Sati Regulation, Hindu Code Acts, PCR Act, Child Marriage Act, “Essential practices” doctrine etc. In a country like India(ranked at 87th place globally in terms of gender equality), law must take a progressive role in emphasizing individual rights and play its role in making India a more equal, just and happy society.
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