Women’s rights and Personal laws under Different Marriages Laws

Different human communities around the world have varying levels of equality for women. Women have a special place in any community, developed or emerging. Slowly but definitely, the social standing is shifting between countries due to many circumstances. Eastern and Western social systems are based on quite distinct concepts. There is a significant disparity in the status of women. There has always been a strict division between men and women in Eastern society, which has kept women confined to the home. Although women have always wielded tremendous influence, they are nonetheless constrained by social norms. There is no clear distinction between the worlds of men and women in the Western world. The foundation of Western culture is one of unity, which does not always imply equality for women. According to the United Nations Universal Declaration of Human Rights, everyone has the right to life, liberty, and the pursuit of happiness. Law and custom continue to limit women's rights to freedom, dignity, and equality, although men's are not. Society may sanction or tolerate gender-based violence and discrimination in several ways, including through enacting legislation. Women's human rights are infringed on a daily basis, frequently on a systematic basis, regardless of whether the country is democratic or dictatorial, during wartime or peacetime. Women of all socioeconomic backgrounds, races, and ethnicities are affected. A large percentage of the world's population is subjected to torture, starvation, terror, humiliation and even death simply because they are female," argues Charlotte Bunch in her book, "Women's Rights in the Age of Globalization." The question of how men and women differ is not a new one, and it has been raised before our time. In other words, it's been around for at least two and a half thousand years. Plato explored it in its current form in his book 'The Republic'. There was a lack of regard and consideration for women in Athens. Aristotle believed that marriage and women's roles were to produce children. Because of their lesser mental and physical capacities and their inherent subordination to men, women were viewed under Aristotle's beliefs as not only socially subordinate but also physiologically inferior. Males are naturally superior to females, he remarked, "and while one rules and the other is governed, one is superior to the other by nature." Later western intellectuals were greatly impacted by Aristotle's views on women. "As a horse, whether excellent or evil, requires spurs, so wives' advise but act against it." It's stunning to see how sexist men can be in this area. It is so entrenched in our culture that it is still perceived as inevitable or natural rather than as a politically manufactured, reality sustained by patriarchal interests, ideology, and institutions. Indians live in a multi-ethnic country. There are eight major faiths and religious groups in India that date back to the period of the Aryans. The fact that Indians have always held ethnic, religious, and racial harmony as a sacred obligation has also been a pleasant surprise. As a result, a variety of personal regulations have developed in this country to keep people's private lives in line with their religious beliefs. To allow people from different religious backgrounds to follow their own personal laws in delicate subjects like marriage, divorce, and succession is only natural for a secular democracy like India. When it comes to family law, India's constitution states that any legislation that was in place before the constitution was enacted would stay in effect until it is changed or repealed by a competent legislature, a court of law, or any other competent body. In 1973, Cornwallis restated the intention of keeping personal laws for Hindus and Muslims in family affairs in the Preamble to Regulation III, stating that "the government's aim is to preserve the Indian Shastras and the Quran in the matters to which they have been habitually applied." "Nothing could be more obviously just than to determine private contest according to those laws which the parties themselves had ever considered as the rules of their conduct and engagements in civil life, nor could anything be wiser than by a legislative act to ensure Hindu and Mussulman subjects of great Britain that the private laws which they severally enacted would be recognised by the courts," wrote Sir William Jones, the Supreme Court at Calcutta.

Hindu law has a long history. Law and Dharma were seen to be inseparable in the orthodox perspective. Both law and Dharma had a shared origin. Law was held in the highest regard by Hindu seers and sages because they considered it divine revelation. Since it is regarded divine law, it cannot be changed by any human agent, hence the Dharmashastra writers codified the laws in order to provide certainty to them. Law in Hinduism is based on Sanskrit comments and digests, which are then reinforced by local custom. This is what Mayne calls "Smritis" law. Law in Hinduism is based on the smritis.

Along with the rise of Islam, the foundations of Muslim law were established. According to Islamic tradition, given to the Prophet Mohammad (PBUH) by the Angel Gabriel, according to their faith. Zaboor, Taurate, and Injeel, together with the Quran, are considered divine books by Islam. This religion is the only one in which God serves as the source of law. Since it is a divine law, it cannot be amended, repealed, or altered, although all other laws can be amended, repealed, or altered. It applies to individuals who believe in God and recognise his power over their lives and their acts. Islam's definition includes it. According to the Encyclopaedia Britannica, the Arabic root "SLM" means "to be in peace" or "to be an integral whole," and Islam, which means "to surrender to God, law, and so to be an integral whole," is derived from this origin. Muslims are those who do just that. Because of this, a Muslim must submit to the will of God, which is made clear in the preceding definition. When discussing Islamic private law in today's world, the term "Muslim Law" is commonly used to refer to Islamic personal status, family ties and succession. In many nations where Muslims make up the majority population or there is a sizable Muslim population, this legislation is still relevant to Muslims. Muslim family law has, however, undergone a large codification and reform process, notably in the areas of bigamy, divorce, and women's rights, in the majority of Muslim countries.

"Christian" is defined in the Indian Christian Marriage Act, 1872 as someone who professes the Christian faith. Native Indians who converted to Christianity are included under the term "Indian Christian" under the Act. Even if they aren't baptised, someone who professes Christian faith is considered a Christian. Children of Christians are included in the term "anyone who professes the Christian religion." The English law governs the household obligations of Indian Christians because they lack a personal law of their own.

The word "Parsi" is derived from the Persian province of Pers or Pars, where the Parsis first arrived in India. The terms "Parsi" and "Zoroastrian" are interchangeable because the Indian Parsis follow the Zoroastrian religion. According to Zoroastrianism, there is only one God, and the essential precepts of good thought, good words, and good deeds form the basis of the religion's foundation. Parsi law governs the following in modern India: i. Persons who are descendants of Persian emigrants, who are born of Zoroastrian parents, and who profess Zoroastrian faith. iii. Zoroastrian from Iran, who are either temporarily or permanently residing in India.

An Israelite is a member of the Hebrew ethnic group. There is only one type of Jew: the one who adheres to the Jewish faith. The Personal Law of the Jews is founded on rabbinical code, and the Jewish people are spread all over the world. The Jewish community in India does not have a legislative law governing marriage and divorce. The Shulchan Anuch, a compilation of Mosaic and Talmudic law dating back to the fifteenth century, was a name given to this work. The marriage law was contained in the third and last section of the code, which was referred to as Eben-Ha-Ezen. His book, "Jewish Law of Marriage and Divorce," was based on these findings. An authoritative and accurate overview of Jewish law is found in this work. It is not a race, but a religion that is meant when the name "Jew" is used in India.

However, one may also discover oppressive and horrific comments about women throughout the scriptures of all religions. This is not an isolated phenomenon. For the time being, our goal is to determine whether religious scriptures are supportive of the advancement of women in all areas of life and work, as well as to determine whether or not religious doctrines stand in the way of these advancements. Rather than trying to argue the superiority or precedence of one religion over another, this is an objective effort to show that religion (as a whole) has not been a factor in the overall backwardness of women. Women have fewer privileges than men in most RPLs (Religious Personal Laws). The Patriarchal domination of men and the unequal treatment of women are recurring threads in India's religion personal law system. It is clear from the history of RPL changes in the independent Indian state that the ideal of gender equality is usually put aside in favour of other political reasons The so-called religious personal rules, which deny women even formal legal equality in personal relationships, are a major source of discrimination against women. A legal process exists to ensure compliance with the law through courts, but because women are socially and economically subordinate, they are either uninformed of or unable to take use of this legal recourse. Additionally, Indian women are currently engaged in a campaign for the ability to share in marital Inheritance, a right that is consistently denied to them regardless of religious affiliation. When women are still considered Inheritance, social acceptance of women's rights and an equal social standing is difficult and the path ahead is long and rocky. production of children and future generations. The Vedic period was a time when women held prominent religious and social positions. The Vedas and Upanishads contain several allusions to female saints and sages who were held in high regard for their spiritual and religious knowledge. Women have been raised to the status of deity in Hinduism. A woman's autonomy, on the other hand, is strictly constrained by convention. In a household ruled by men, she is a pawn in the game. Stricter laws for women are advocated by Manu Smriti, who sees women as Inheritance. Women in Islam: First, Islam recognised women as legal entities and offered them all the rights that men had, making it the first religion in the world to do so. As a result of Islamic teachings, women were freed from the shackles of servitude, granted equal rights, and recognised as unique human beings. Rights to Inheritance, ownership, inheritance and education were instituted in Islam, which helped to elevate the status of women. The Qur'an makes a revolutionary claim: that men and women are created equal, and that the rights of women are equivalent to the obligations of men. According to Maulana Abul Kalam Azad, a well-known Qur'anic scholar, the passage in question is a groundbreaking assertion of gender equality. This fundamental Quranic directive necessitates a revision of Shariah law. Because of the ulama and jurists' opposition, this fundamental principle has remained undefined to this day. This particular society did not accept Quranic injunctions on women since they directly challenged men's perceived power and made women equal to men in every way.

Patriarchal societies, in which men hold positions of power in the family, society, and government, gave rise to Christianity. Women were not ordained to the priesthood in the early centuries, but Christianity developed a monastic tradition that included the establishment of convents, through which women as religious sisters and nuns, played an important role in Church life and have continued through history; particularly in the establishment of schools, hospitals, nursing homes, and monastic settlements. All Christians agree that Jesus treated women with compassion, kindness and dignity. In Jesus' short ministry, women had more influence than they would have in the next thousand years of Christian history, according to historian Geoffrey Blainey. Women in Parsi Religion: Laws enacted by the Parsi community that have no basis in their religious beliefs discriminate against Parsi women. The inheritance rules of the Parsis, a majority-literate ethnic group, are among the most unfair in the country. This proves once and for all that Progressive education does not eradicate community share a dread of communal extinction, and most have fought changes in their personal rules. Women in Judaism: Non-religious cultural influences also play a part in determining the role of women in Judaism. In biblical times, men were given preference in marriage and family law. It is possible for a husband to divorce from his wife, but a wife cannot divorce her spouse unless he gives her permission. There is no male equivalent to laws governing the loss of female virginity. Gender disparities observed in the Torah indicate that women were submissive to men in Biblical times. – 11 Women were economically dependent on men. The only exception to this rule was if a woman was the sole heir to a father's estate who had no sons. There are many religions that have been ruled by men, and the tenets of those religions have placed women in a subordinate position. Examples of this can be found in some of the world's most revered religions: Hindu law considers her to be one with her husband and sees the two of them as a single person. In terms of legal and social standing, she has the same status as one-half of a male in Islamic law. Women are devalued in Christian teachings. Commentators from both the Jewish and Christian faiths opted to see Eve, and hence women, as the root of all evil and sin. For Christians, a woman who renounced her libido was seen to be an ideal woman. Throughout the Old Testament, Jewish tradition and commentary maintained an unfavourable attitude of women.

In a marriage, the rights and responsibilities of couples, their children, and their in-laws are established by a socially or ritually recognised union or legal contract between them. There are often legal or normative responsibilities attached to marriage, as well as any children it may produce. It is often seen as a binding agreement. In a religious setting, a wedding ceremony can serve as an alternative to a secular civil ceremony for tying the knot. 'No individual should be deprived of his life or personal liberty unless in accordance with the method established by law,' states Article 21 of the Indian Constitution. Even the 1948 Universal Declaration of Human Rights recognised this right in Art.16.

Even if a spouse dies, the marriage bond is unbreakable in Hindu thought, and the wife is bound to her husband no matter what. 'While young, she remains under the jurisdiction of her father, after marriage under the control of her husband, and on his death under the control of her sons,' according to the legendary Hindu jurist Manu. No matter how hard she tries, she will never be free.' It means that a woman is husband taking on the role of swami and protector for the wife afterward.

Act, ceremony or process of establishing the partnership between husband and wife are all examples of marriage. A marriage is a gift from the father of the bride's mother to the husband in accordance with Hindu law. The daughter has no say in the matter; she is under no obligation to give her assent and may not even be aware of the act's nature or the consequences it would have on her life. According to Raghunandan, a Hindu marriage entails the groom accepting the bride as his wife through a ritual rite called as Kanyadan. 14 When it comes to marriage, the bridegroom and her guardian are both parties, but the bride is merely the recipient of a gift from the bridegroom. The girl's permission or lack thereof has no bearing on the contract of her marriage under Hindu law, which places her solely under the control of her parents and guardians. It is said in the Rig-Veda that a girl is a gift from the God of Fire, who has given her father with the task of raising and giving her away to someone who is deserving by calling the Fire God. The goal of marriage in Hinduism was a lofty one. The purpose of marriage, as stated by Apasthamba, was to perform good deeds and acquire Moksha. When a Hindu couple gets married, one of their main goals is to have a child who will help them escape the torments of Hell. This is one of the unique aspects of Hindu marriage. Eight sorts of marriage are recognised by Hindu law, covering about every possible manner of obtaining an attractive female. Weddings between Brahma, Daiva, Arsha, and Prajapatya were accepted, whereas marriages between Paishach, Asura, Gandharva, and Rakshasa were regarded disgusting and unacceptable. They were viewed as scandalous due to the fact that these arrangements recognise abduction, kidnapping, and rape as legitimate marriage forms. Although modern legislation does not require all of Hinduism's elaborate marriage Shastric rites and ceremonies. Customary ceremonies The Hindu Marriage Act of 1955, which governs Hindu family law, was passed in an effort to relieve women of their traditional roles and the frequently intolerable social situations they faced.

Due to the fact that the Hindu Marriage Act, 1955 provides a number of marital remedies, the ceremonial aspect of Hindu marriage has been substantially undermined. In the year 1955, four separate acts, collectively known as the Hindu Code Bill, guaranteed rights and advantages to Hindu women. The act had a significant impact on Hindu marriage law. It codified the Hindu law of marriage to ensure that it was consistent across the country. Hindus of all faiths, including Sikhs, Buddhists, and Jains, are covered by these laws, which exclude Muslims and Christians. As a result of amendments to the Hindu Marriage Act of 1955 made in the years 1956, 1960, 1964, 1975, and 1978, women of all faiths in Hinduism, including Buddhists, Jains, and Sikhs, now have the legal right to file for divorce and judicial separation in specific circumstances. Under some circumstances, marriages that have been performed are voidable. It is a crime punishable by imprisonment and sufficient cause for divorce to be found in bigamy. The act also recognises divorce and the right to remarry when the time restriction for appeal has expired. In addition, it stresses the importance of the agreement of both parties to the marriage. Until the passage of the Hindu Marriage Act of 1947. All these rights were completely out of reach for Hindu women. The legislation makes a marriage voidable and subject to annulment by a competent court if certain circumstances aren't met, such as those listed in section 5 clauses (ii). The 1955 Hindu Marriage Act, which provides numerous divorce and nullity of marriage options, has weakened the sacred nature of the institution. In Mulla's Principles of Hindu Law, S.T. Desai, the revising author, concludes that "A Hindu marriage under the Act, it is submitted, is not entirely or necessarily a sacrament but an alliance between a man and a woman to the exclusion of all customary rites and ceremonies of either party essential for a marriage, and directly it creates a relation and status not imposed or defined by contract but by law.".  Given great relief and rights formerly denied to them, the sacramental aspect of Hindu marriage has been removed, although there is still an outline of religious ceremonies for Hindu marriage in the 1955 Hindu Marriage Act. By allowing for divorce by mutual consent, the Marriage Laws (Amendment) Act of 1976 further undermined the preserved, according to the 1955 Act.  the age of 18 and 21 for the bride and groom under the Child Marriage Restraint Act, 1978 has been increased. When a bride reaches the age of 18 and is able to make her own decisions about who she wants to marry, she is eligible to enter into a marriage contract. When the Hindu Marriage Act was amended in 1978, Sec.6 was removed. If her guardian didn't agree to her marriage, it would be pointless.  For the first time, a registry for Hindu marriages has been established. Section (5) of the Hindu Marriage Act of 1955 lays out additional requirements for a legally binding union. According to the court, a marriage cannot be considered Hindu if Saptapadi and Kanyadan have not been performed.  It has been recognised that a couple may marry if they are both from the same Gotra. It has ushered in the age of monogamous relationships.

In Islam, a marriage (Nikah) is described as a contract between a man and a woman with the express purpose of creating offspring. In Islam, there are three sides to the institution of marriage: legal, social, and religious. It is a transaction, not a sacrament, in legal terms. Weddings include a three-pronged social component. Islamic law elevates women's social position after marriage, and the Prophet Mohammed (PBUH) modelled this elevated social standing for his followers through his own marriage. Everyone who could afford it should get married, he said enthusiastically. Marriage, in reality, is a manifestation of Allah's generosity. Despite the recitation of some Qur'anic texts, Muslim marriage is not a sacrament, but only a civil contract. All kinds of Muslim marriages in India are typically performed by Kazis or Mullas, religious leaders who are well-versed in the requirements of Islamic law. The contracting parties' interests are represented by two people who have been formally designated in this capacity, along with a specified number of witnesses. When a man and a woman enter into a marriage, they are described as "your apparels and their apparels" in the Quran, which suggests mutuality, equality, and proximity. According to Islamic law, a marriage requires two equal partners to enter into a legally binding contract, with the woman serving as a subject rather than an object of that transaction. In a nutshell, a contract is a written agreement between two adults in which one of them makes an offer and the other accepts it in front of two witnesses. Nikah Nnmah is a legal document that specifies the parameters of a marriage. In the Nikah namah, conditions including the amount of dower and the method of payment, as Women's issues in marriage stem from the perception that they are merely a burden to be shared between their father and husband. However, in Islam, women are granted the same freedom of choice as men. "To claim that Muslim women are weak, stupid creatures is a gross exaggeration. As with all other males, they now have the freedom to make their own choices thanks to Islam. A woman's consent to marriage must always be requested when she has reached puberty. Her consent is required for a marriage contract to be valid in the eyes of Islamic law. When a woman of legal age is asked for permission to talk about herself, her consent is her silence, and she will be free to deny. A convenient place has been allocated to women by Islamic law, which recognises women as free and responsible members of society. Even after marriage, a Muslim wife retains her unique identity and never uses her husband's name. The verses 2:228 and 33:35, which establish sexual equality in no clear terms, reflect Islam's respect for women. When it comes to gender equality, the verse 33:35 is far more significant in this regard.

INDIAN CHRISTIAN MARRIAGE ACT, 1872(Sec.4-9):Christians in India are bound by the Christian Marriage Act of 1872 when it comes to the ceremony of marriage. Sec. 60 of the Act lays out the requirements for certifying an Indian Christian marriage. It encompasses all of India, save for the three states of Travancore–Cochin, Manipur, and Jammu & Kashmir, which were part of India prior to November 1, 1956. The law was passed by the British government. Marriage can be solemnised by a minister of religion, a marriage registrar, or a person who has been licenced to perform the ceremony. It is mandatory to register such a marriage. Indian Christians' marriages can be solemnised under the Christian Marriage Act, which is extensive enough. Under the Special Marriage Act 1954, it is ideal to solemnise marriages where one party is a Christian and the other a non-Christian. It's not just a civil or religious contract, according to Christian tradition, but it's a combination of the two. Natural law considers this to be a contract, as well as a precursor to civil institutions and an institution in and of itself. The traditional Christian perspective of marriage holds that it is God's will for a man and a woman to live together as husband and wife for the rest of their lives. When it comes to the foundation of Christianity, Jesus stressed the necessity of long-term marriage in his teachings. He stated that "the two will become one flesh" when they get married. Therefore, do not break apart what God has put together.

the couple must adhere to Zoroastrianism as a religion. A group of Iranian Zoroastrians who arrived in India in the 10th century are thought to be the Parsis. The Indian constitution guarantees religious freedom to everyone, including the Parsis. The rules of English Common Law and Hindu custom are both incorporated into Parsi Personal Law. Marriage is seen as a form of spiritual discipline in Zoroastrianism. The Parsi Marriage and Divorce Act 1936 mandates that all marriages and divorces be recorded in accordance with the approved procedures. Accordingly, the Parsi Marriage and Divorce (Amendment) Act 1988 was passed in order to modernise the religious community's matrimonial laws. Parsi Marriage Registration is a Must-Have. It states that the officiating priest must promptly certify the marriage in the authorised form after the solemnization. There must be a priest, a couple and two witnesses present at the ceremony to sign the certificate of marriage.

There are a lot of regulations and customs in Judaism that have an impact on every element of one's life. Judaism views marriage as a commercial agreement between a man and woman, one in which God has a direct role. For a marriage to be legal, both parties must agree to it. The marriage is null and void if such permission is not given. Monogamy is observed by the Jews of India. The Jewish community in India does not have a legislative law governing marriage and divorce. Both "Erusim" (the betrothal ritual) and "Nissuin or Chupah" (the marriage ceremony) are performed in accordance with Jewish law as two independent acts. The pair may be able to live together after nissuin.

Globally, gender inequity is one of the most persistent kinds of injustice that affects every member of society and is essential to the establishment of a fair society. There are many ways to look at the subject of "gender justice," which encompasses a vast and ever-expanding range of possibilities. Human dignity and human rights are being violated all across the world as a result of the uneven treatment of women. Personal growth, freedom of thought and expression, and gender parity in the political, social, economic, and cultural spheres all go hand in hand with a country's progress, as do social harmony and stable families. Many nations have long been concerned about the issue of gender equity, which includes discrimination against women as well as other forms of bias based on a person's gender. Despite the fact that institutionalised discrimination has been officially abolished, the engrained attitudes and mindsets persist and have not been totally eradicated. There destabilize its entire structure, making it a laughing stock. Due to the lack of an universal legislation governing Indian women's Inheritance rights, these rights are decided by a variety of factors, including their religion, marital status, where they live in India, whether or not they are tribal, and so on. What unites Indian women is that, despite the Constitution's guarantee of equality for all, their Inheritance rights remain unaffected by these differences, making them vulnerable to discrimination and arbitrary decisions. Additionally, Hindu women's Inheritance rights are highly fragmented on a number of other variables, including as religion and geographic location. Hindu women's Inheritance rights differ depending on their family position and marital status, including whether they are daughters, wives, widows, or mothers. When looking at a certain type of Inheritance, such as land, a house, or marital Inheritance, it is important to know what kind of Inheritance one is looking at.

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