AN ANALYSIS OF HUMAN RIGHTS IN INDIA AND COUNTRIES THAT ENFORCE RELIGIOUS FAMILY LAWS
By Deepti Rathi
(Student, BBA. LL.B., Symbiosis Law School, Hyderabad)
The majority of states are ‘secular’. Religious freedom permits religious communities to organise freely within the confines of state law. In several other countries, organised religion holds a dominating position, allowing it to have a significant effect on state legislation. Nationality has lost its appeal as a linking element in family law, yet it still serves as a marker for many people’s cultural frames of reference. The purpose of this essay is to improve our knowledge of important junctures in the genesis of religious laws. It examines how personal status laws are regulated in various nations, with a particular focus on India, which, despite attempts by government leaders at the time of independence to delay explicit judgments about the role of religious law, became widely established in subsequent decades. The article evaluates human rights in the countries where the state has enforced religious family laws. Human rights are an individual’s claim to the conditions that are necessary for an individual to fully realise the intrinsic characteristics that nature bestows on one as a human being. These are essential to guarantee the dignity of every individual regardless of any element. The purpose of research on ‘human rights’ is to understand that no nation can progress and have good governance unless the issue of human rights is given attention.
Secular, Nationality, Dignity, Human Rights, Family Laws.
|Information||Lex Humanitariae: Journal for a Change, Volume III Issue I, Pages 157-165|
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