Personal Laws and the Rights of Children in India: Balancing Culture with the Constitution

Abstract

Child rights within the ambit of personal laws in India pose intricate legal and constitutional issues. India's diverse legal system, regulated by personal laws of various religious communities (Hindu law, Muslim law, Christian law and Parsi law), often mirrors traditional and cultural practices. But these do not always correspond with contemporary constitutional values, especially those found in Articles 14, 15 and 21 of the Constitution of India, which protect equality, non-discrimination, and the right to life and dignity. This article offers a critical analysis of the extent to which personal laws protect or violate children’s rights in matters of custody, guardianship, adoption, maintenance, legitimacy and inheritance. The article employs a doctrinal and comparative method to examine inconsistencies, gaps and variations in various personal law regimes. It draws attention to the dilemma between upholding religious autonomy and giving primacy to the "best interests of the child" principle, which is enshrined in constitutional law and international human rights law, especially under the United Nations Convention on the Rights of the Child (UNCRC). The paper also assesses the judiciary's role in bringing personal laws in line with constitutional values through interpretative and landmark cases. Through analysis of gaps, inconsistencies and reforms, this article calls for a child-friendly legal approach that goes beyond the confines of personal laws, while accommodating cultural differences. It ends by stressing legislative and judicial reforms to ensure the application of constitutional morality and welfare of the child rather than discriminatory or archaic practices in personal laws.