Answer:

In India different religions are governed by their own personal laws. Every religion follows its own personal law in the matters pertaining to marriage, adoption,

successions etc. All these matters are decided and mobilized by various personal law boards representing the religion.

Personal Law Boards are non-governmental organization constituted to adopt suitable strategies for the protection and continued applicability of Personal laws in India. The Boards present themselves as the leading body of religious group opinion in India. These Boards work liaise with and influence the Government and guide the general public about the critical issues. They primarily defend the personal laws from any laws or legislation that they consider infringes on it.

The decisions of these Boards which are backed up by the legislations like that of the Hindu Law act (1955-56), Muslim personal law (shariat) application acts, 1937 etc. are binding on the citizens. However, those decisions which infringe upon the Fundamental rights of the citizens are not binding, although not following them can have repercussions like community boycott or personal attacks.

The incongruence between the principles followed by them and those of the common law courts can be reconciled through greater interaction between them, judges, law- makers, religious leaders and community. This will help to iron out the differences in the legal opinion regarding matters of personal law. Hardly any forums for such interactions exist as of now. It should be done on urgency considering the divisive and sensitive nature of such issues. Some other measures can be:

♤ Clearly interpreting Article 25 in conjunction with Article 44.

♤ Addressing the fears of minorities by citing example of Hindu Law which has become part of regular law courts and proved quite progressive.

♤ Most vulnerable and victimized section that is women need to be brought into these Boards and codes should be made keeping their plights in minds.

♤ A comprehensive review of the personal laws with an aim to align the with modern progressive ethos.