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  Personal Laws

Thus any law in force at the time of coming into force of the Constitution of India or enacted after that which is in conflict with the chapter on fundamental rights will be void to that extent. In particular, if personal laws are covered by Articles 13 and 372 of the Constitution, they will be void to the extent that they are in contravention of Articles 14, 15 and 21 of the Constitution. Article 14 guarantees equality before law and equal protection of laws. Article 15 prescribes that no law can discriminate only on the grounds of sex, caste, etc. Article 21 is the fundamental right of life and personal liberty. Any personal law which discriminates against women would by its very nature be unequal and discriminatory and be on the face of it be in violation of Articles 14 and 15 of the Constitution, would also be in violation of the expanded meaning of right to life and personal liberty under Article 21 of the Constitution of India and to that extent be void.
 

 

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