The role of Hindu and Muslim Personal laws in shaping Societal Norms

Hindu, muslim, women, norms

Culture, norms and laws of a region are often interlinked. Cultural influences, the daily state of society and social norms and the direction of their development, while laws determine the nature and form of culture and has the function of transforming it. Laws may change this foundation, but the culture reflects its reality and internality. Harrison, an expert on cultural models, believes: “Culture is the values, beliefs, and concepts shared by members of a society”. 

Historically speaking, culture and societal norms were not very favourable towards women. The simple fact remains that women are biologically less strong than men and during primitive times when biological strength was the only basis of survival, men were considered superior and women took a backfoot. This precedence was set and thereafter the culture and social norms were developed in such a manner, which favoured the people playing a formative role in them, ie. the men. This was coupled by the fact women themselves believed men to be superior and happily obliged with and complied with the social norms which favoured the superior gender. This was the global thinking and went on till much beyond the 20th century. Women in many progressive and developed countries such as in USA didn’t even have the basic right to vote till the year 1920. However, as seen in the beginning of the article, laws have the power of shaping cultures and norms. From the mid 20th century onwards, people have realized the gross discrimination against women and through laws have started to shape and define the established social norms in a women friendly manner.

India, being a land of many religions, cultures and communities faces a complicated situation. Here, various religions give rise to their own cultures and norms which becomes a trying task for the laws to control and direct. For this reason, there exist a lot of laws in India which are enacted on a personal basis and are applicable to select religions. Due to this we can observe enactments and progressive attitude adopted though not for all the citizens and as a result there are certain sections of the society which are more severely discriminated against than others.

A comparative look at the 2 major religions of India and how their personal law governs women, along with the measures taken to impart equality:

MARRIAGE

POLYGAMY

DIVORCE

MAINTENANCE

INHERITANCE

ADULTERY

As is clearly visible, women rights in India have come a long way. The penal and common laws aren’t gender specific but the problem arises when the personal laws come into the picture. There are other aspects that need to be penalized, such as the recognition and criminalization of marital rape, but gradually we can see the changes. Legally, a lot of amendments have been made which have a direct influence on the culture and the societal norms, as is visible. Though the patriarchal society exists, the difference between a man and a woman are being abolished, at least where the rights are concerned with. The derogatory mentality of the people can only change with time, nurture and education. However, there are a lot more legal changes required, especially when observing form the point of view of the Muslim women. The politicisation of issues is a major hindrance in adoption of women friendly rights. Political Parties need to be careful so as not to let the vote bank affect equality in our country. India is a developing country and more than economic development, it’s the social development that needs to be focused on. The need of the hour is uniformity among the citizens and laws must be amended in order to facilitate that, promoting equality all along.

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