Tenth International Conference on Religion & Spirituality in Society

Abstract

It has been widely argued that the public realm corresponds to reason and the private realm to the emotions. Based on these foundations, discrimination has been perpetrated in terms of gender as well as social inequality. This unequal treatment has given justification for the assertion of group rights, which was duly acknowledged by the state in India. However, the discrepancy among the existing interpersonal relations among religious personal laws has resulted in an impression on the majority that they are being ignored. Considering this to be the sole outcome of political misappropriation of religious identities would be a partial understanding of rise of majoritarianism. The absence of a clear stand by the supreme court of India on the understanding of personal law and the extent of its judicial review is equally responsible for such a religious assertion. Now, in a specific social context, where religious identities are in direct conflict, the Indian judiciary has an obligation to read principles of equality and liberty into the prevailing personal laws in India. This may ensure the continuance of the cohesiveness of Indian multicultural society.