International Journal of Multidisciplinary Horizon
ISSN: 3049 – 2017
Impact Factor (RJIF): 7.8
Peer Reviewed Journal
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Article Abstract
2024
Muslim Personal Law and Secularism in India: A Review of the Supreme Court’s Position
Author(s): Biswanath Sarkar
Abstract
India is a multi-religious, multicultural, and pluralistic society in which secularism is understood not merely as the separation of the State and religion, but as a distinctive constitutional principle founded upon equal respect for all religions, peaceful coexistence, and constitutional justice. This article examines the theoretical foundations and constitutional character of Indian secularism, with particular emphasis on the debates surrounding Muslim Personal Law and the Uniform Civil Code (UCC). It further analyses a series of landmark judgments of the Supreme Court of India, including Mohd. Ahmed Khan v. Shah Bano Begum, Sarla Mudgal v. Union of India, Danial Latifi v. Union of India, and Shayara Bano v. Union of India, to demonstrate that the Court has consistently accorded greater importance to constitutionally guaranteed fundamental rights, gender equality, social justice, and secular citizenship than to religious personal laws. The article argues that the Supreme Court’s judicial approach has strengthened the secular character of the Indian Constitution while simultaneously redefining the discourse on the Uniform Civil Code by prioritising equality, social justice, and the protection of individual constitutional rights.