Gender Discrimination In India Essay
Abstract: These personal laws, which are derived from religious scriptures, customs, and traditions, govern family law matters such as marriage, divorce, inheritance, and adoption as
India does not have no uniform civil code. This leads to differential application of the legal standards and protections that apply to a woman on the basis of whether she is Hindu, Muslim,
Christian, Parsi, or a member of a tribe governed by customary precepts. The religion-based family law system thus violates the principles of equality and nondiscrimination guaranteed by the Indian Constitution and the international conventions that India has ratified.
Keywords: Gender Justice, PIL, Litigation
Introduction
The development of PIL was spearheaded in the late 1970s and 1980s through a series of decisions issued by Indian Supreme Court Justices, whose goal was to promote and vindicate public interest which demands that violations of constitutional or legal rights of large numbers of people who are poor, ignorant or in a socially or economically disadvantaged position should not go unnoticed and unrepressed.2 The Court derives its jurisdiction over PIL actions from Article
32 of the Constitution of India, which guarantees “the right to move the Supreme Court by appropriate proceedings” for the enforcement of fundamental constitutional rights.
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