FAQs on Womens Rights – Part I

Law and the Indian Women

1. How does the Indian Constitution view woman?

The Independence brought a chance for breakthrough in women's fight for justice and equality which had hitherto been denied by religion and tradition. The country also opted for a secular law, a common civil code which did not discriminate between men and women. Thus was drafted the Constitution of India, which guarantees every citizen certain Fundamental Rights such as equality before law - prohibition of discrimination on grounds of religion, race, caste, sex or birth of place, equality of opportunity in matters of public employment, freedom of speech and the freedom of religion which according to Article 25.1 states that 'Subject to public order, morality and health and to other provisions of this Part, all persons are equally entitled to freedom of consciences and the right freely to profess, practice and propagate religion'

The law works fine for a man, but because of this Article women do not have equal rights to property, equal rights within the family, or they do not have the right to decide where they must reside after marriage. Not only are some women even deprived of the right to maintenance or to divorce or to adopt a child, they don’t even get the custody of their children.

2. What are the Acts for the women of other religions?

Muslims are governed by their personal laws under which "Nikah" (i.e. marriage) is a contract and may be permanent or temporary and permits a man 4 wives if he treats all of them equally. According to the Muslim Law, the presence of a Qazi (priest) is not necessary for a valid marriage. Even a proposal made merely in the presence and hearing of two sane males or one sane male or two sane female adults who are all Muslims, and its acceptance at the same time would constitute a valid Nikah under the Muslim Personal Law. A husband can divorce his wife without any reasons merely by pronouncing the word "Talak" thrice. However for a Muslim woman to obtain divorce certain conditions are necessary.

For Parsees there is a Parsee Marriage & Divorce Act, 1939 which governs the provisions of their marriage and law. The Indian Christians have their Indian Christian Marriage Act 1889. Irrespective of their religion, people who get married under the Special Marriage Act, 1954 are governed by the said act.

3. Who are the people who come under the Hindu Marriage Act?

The Hindu Marriage Act covering entire India except the State of Jammu and Kashmir has reformed the Hindu law of marriage. The Hindu Marriage Act applies to (1) Any person who is Hindu, Buddhist, Jain or Sikh by religion. (2) Any person who is born to Hindu parents. (3) Any person who is not a Muslim, Christian, Parsi or Jew, and who is not governed by any other law.