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Personal Laws in India

The Existing Pluralist Framework

India does not currently have a uniform civil code at the national level. Personal laws — governing marriage, divorce, inheritance, adoption, and succession — differ by religion. Hindus are governed by the Hindu Code Bills enacted in the 1950s; Muslims by uncodified customary law (with the Muslim Personal Law (Shariat) Application Act, 1937); Christians by the Indian Christian Marriage Act (1872) and Indian Divorce Act (1869); and Parsis by the Parsi Marriage and Divorce Act (1936). These personal laws can be in tension with fundamental rights.

Key details
  • Hindu Code Bills (1955–56): Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, Hindu Adoptions and Maintenance Act — codified and reformed Hindu personal law
  • Muslim Women (Protection of Rights on Divorce) Act, 1986: Enacted after Shah Bano controversy to restrict maintenance rights under Section 125 CrPC for divorced Muslim women; largely overturned in practice by later Supreme Court rulings
  • Muslim Women (Protection of Rights on Marriage) Act, 2019: Criminalised triple talaq (instant oral divorce) — the most significant reform to Muslim personal law in independent India
  • Special Marriage Act, 1954: Allows civil marriage between persons of any religion or none — provides a secular alternative to personal law marriages
  • Goa civil code: Goa is the only state in India with a functioning UCC — inherited from Portuguese rule (Family Code of Portugal applied to Goa, now the Goa Family Law) since before Goa's integration in 1961
In the news

Tracked since March 24, 2026 · last seen July 04, 2026 · updates as the daily brief publishes

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