Mr. Aiman Hamid
LL.M Criminal Law (2025-26)
CT University, Ferozpur road ,
Sidhwan khurd-142024, Ludhiana, Punjab
Dr. Arief
Professor , School of law, CT University , Ludhiana
Introduction
Legal discussions around the rights of married women have historically been contentious and inadequately explored. Many civilised countries abuse their power and don’t respect women’s rights, even when they say they care about marriage. People who say they are doing something out of “duty,” “love,” or “sacred obligation” are lying to themselves when they say they are being honest. In India, marriage is governed by a comprehensive array of personal criteria that differ according to religious beliefs.[1] Religion makes it even harder for people to see women in a good light. This study seeks to examine the pervasive injustice experienced by individuals who have never undergone a divorce, along with the persistent, unrecognised challenges they endure. India is currently in a unique historical situation when it comes to human rights and the law. No matter what their gender or religion, everyone has the right to freedom and equality before the law. This is the main idea of our country. Religious intolerance is still a problem in our society when it comes to personal law, which covers things like marriage, divorce, child support, and inheritance. During a marital crisis, a woman’s legal rights are based on religious beliefs, not on what is best for her. A woman’s religious views, such as Zoroastrianism, Christianity, Islam, and Hinduism, may affect the legal options she has after a divorce.
This problem is making things harder all throughout the world. India has signed and ratified many international treaties and agreements. Some of these are the UDHR, CEDAW, and ICCPR. These parts say that India must make sure that women have the same rights as men when it comes to getting married and divorced.[2] This is because there is a lot of talk about how unfair personal laws are being used. To discover a solution, experts need to look at the difference between what divorced women in India say they would do and what they really do. The main goal of this study is to fill in gaps in knowledge and get people talking about possible solutions, or at least make them more aware of the problem. The primary principle of marital law is that ethical concerns and personal experiences hold equal importance to rational reasoning and substantiated facts. Legal systems that put marital rights ahead of wifely autonomy, make it hard for women to get the help they need, and have complicated divorce processes make women’s lives harder. This article looks at cases from both Indian personal law and international law to show the parallels and variations in the protections that married couples have. It is based on real data. The course starts with a general review of comparative law and then goes into more detail on a number of issues, such as the growth of personal laws, women’s rights in marriage around the world, and how well these countries keep their promises to protect human rights.
[1] Henry Sumner Maine, Village Communities in the East and West, 7th edn (1895) 4, 7.
[2] H.C. Gutteridge, Comparative Law (2nd edn, Cambridge University Press 1949).
