LIJDLR

Constitutional rights

PERSONAL LAWS VS. CONSTITUTIONAL RIGHTS: THE ROLE OF JUDICIAL PROCESS IN ADVANCING GENDER JUSTICE

Volume III Issue IV /

PERSONAL LAWS VS. CONSTITUTIONAL RIGHTS: THE ROLE OF JUDICIAL PROCESS IN ADVANCING GENDER JUSTICE Dhriti Kochhar, LL.M. (Criminology), IILM University, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.182 Indian courts face a difficult challenge: how to balance religious personal laws with the Constitution’s promise of equality and justice for all citizens. This conflict is most visible in women’s rights cases, where religious traditions often deny women equal treatment. Important cases like Mohd. Ahmed Khan v. Shah Bano Begum (1985), Danial Latifi v. Union of India (2001), Shayara Bano v. Union of India (2017), and ongoing cases like Sameena Begum v. Union of India on polygamy and nikah halala show how courts are trying to protect women’s rights while respecting religious freedom. This research uses three methods. First, it studies laws and court judgments to see how judges have dealt with this problem. Second, it compares India with other countries like Islamic nations and the United Kingdom to learn how they handle similar issues. Third, it analyzes whether court decisions actually help women or go beyond what courts should do. The research also looks at the Kesavananda Bharati v. State of Kerala (1973) case, which says courts must protect the Constitution’s basic principles. The paper argues that while court decisions have pushed for social change and helped women, real progress needs three things working together: courts protecting rights, Parliament making new laws, and society accepting these changes.

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PROPERTY MANAGEMENT VS. RELIGIOUS PRACTICE: ANALYSE CONTEMPORARY CHALLENGES OF WAQF REGULATIONS

Volume III Issue IV /

PROPERTY MANAGEMENT VS. RELIGIOUS PRACTICE: ANALYSE CONTEMPORARY CHALLENGES OF WAQF REGULATIONS Soumya Patnaik, 3rd Year- BBA LLB (Hons) Student at Birla Global University, Odisha (India) Tithi Naskar, 3rd Year- BBA LLB (Hons) Student at Birla Global University, Odisha (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.170 The comprehensive analysis concludes that the Waqf (Amendment) Act, 2025, which renames the principal legislation to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, successfully addresses critical historical administrative and financial failings concerning Mutawalli (Waqf manager) accountability. This success is achieved through several structural mechanisms: the acceleration of removal procedures under the amended Section 64, the enforcement of stringent compliance standards, and the introduction of robust judicial review via the appellate provisions of Section 83(9). The Waqf (Amendment) Act, 2025, has introduced one of the most contentious legislative changes in the history of Islamic endowment law in India by prospectively abolishing the concept of Waqf by User (Section 4(ix)(b)). Historically recognized as a dedication based on long-standing communal use rather than formal documentation, this doctrine provided a mechanism for recognizing properties dedicated through custom. This paper conducts a constitutional analysis of this abolition, weighing the claims of infringement on religious freedom (Articles 25 and 26) against the State’s justification based on administrative necessity, curbing systemic property encroachment, and promoting transparency. Judicial observations at the interim stage indicate a prima facie acceptance of the State’s argument that the measure is a necessary and non-arbitrary exercise of legislative power aimed at correcting historical mismanagement and property fraud. One example cited is the disproportionate burden related to evidentiary requirements. Islamic law historically recognized the validity of oral contracts and testimonies in establishing a Waqf. However, the 2025 Act imposes stringent documentation and registration requirements, implicitly excluding traditional oral Waqfs. Critics point out that no such centralized or disproportionate burdens exist under the Hindu Religious and Charitable Endowments (HRCE) Acts, which govern similar charitable properties. This differential treatment, where one religious endowment is singled out for intrusive regulation and stringent documentation requirements not paralleled in other religious trusts, is alleged to breach the constitutional guarantee of equality. Petitioners contend that the 1995 Act, and its subsequent amendments, operate like “external Muslim invaders looting properties of other communities,” breaching Articles 25, 26, 29, and 300A, and manifesting hostile discrimination under Articles 14 and 15. Legally, a valid waqf requires a founder who donates the ownership of the property in the name of Allah, and that property is used for poor students, mosques, and hospitals. The 3 core principles of this organization are permanence, immutability, and non-transferability.  Historically, waqf has played an important role in Muslim society. Waqf represents a unique Islamic model that combines spiritual merit with long-term social capital formation. The concept of Waqf occupies a significant place in Islamic jurisprudence as a unique form of charitable endowment.

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RELIGIOUS AUTONOMY V. JUDICIAL INTERVENTION: DEFINING ESSENTIAL RELIGIOUS PRACTICES IN INDIAN CONSTITUTIONAL LAW

Volume II Issue II /

RELIGIOUS AUTONOMY V. JUDICIAL INTERVENTION: DEFINING ESSENTIAL RELIGIOUS PRACTICES IN INDIAN CONSTITUTIONAL LAW Sukhman Kapoor, 3rd year B. Com LL.B (Hons.) Student at University Institute of Legal Studies, Panjab University Chandigarh Download Manuscript Religious autonomy is one of the essential pillars of Indian democracy, and the nation is responsible for guaranteeing the same access to every citizen. Despite the fundamentality and pivotal nature of religious freedom, it cannot be categorized as an absolute right of the individual or community. The same has been subject to reasonable restrictions which can be better ensured by judicial intervention and interpretation whenever required. The balance between religious autonomy and judicial intervention in India is a complex and evolving issue, especially in safeguarding constitutional rights while respecting religious traditions.  The Doctrine of Essential Religious Practices (ERP), formulated by the judiciary, determines which religious practices are fundamental to faith and deserve constitutional protection. Judicial intervention in religious matters often stirs controversy, as seen in landmark cases like Sabarimala and Triple Talaq, where the courts ruled against traditional practices in favor of gender equality and fundamental rights. These rulings underscore the judiciary’s role in ensuring that religious customs do not violate constitutional principles like justice, equality, and non-discrimination. Despite this, critics argue that such interventions infringe on religious autonomy, as the courts assume the authority to define what constitutes essential religious practices. The paper highlights the importance of a balanced approach, advocating for judicial intervention to be applied judiciously to protect individual rights while honoring religious traditions.  By thoughtfully addressing these tensions, the courts can ensure that religious practices are compatible with the values of a modern, diverse society, without compromising the core principles of religious autonomy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,279-1,296. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CONTOURS OF DIGNITY: EXAMINING SEX WORK IN INDIA AND BEYOND

Volume 1 Issue IV /

CONTOURS OF DIGNITY: EXAMINING SEX WORK IN INDIA AND BEYOND Kovid Tripathi, B.A LLB 6TH Semester Student at Damodaram Sanjivayya National Law University. Download Manuscript ABSTRACT The public use of terms like “Veshya,” “Randi,” and “Fahesha” can evoke intense emotions, especially when associated with one’s family, contributing to a prevalent societal disdain towards sex workers in India. Despite the historical roots of sex work in economic necessity, the lives of sex workers are marked by shame and societal hatred. Our article delves into the moral intricacies of prostitution, assessing the theoretical constitutional rights of sex workers through a critical analysis of the Immoral Traffic (Prevention) Act of 1956 in Indian legislation. We explore the complexities of prostitution, evaluate the constitutional rights of sex workers, and extend our analysis to compare countries where prostitution is legal, discussing the potential benefits of legalization in India. As contributors, we actively examine the positive transformations that could arise from officially recognizing prostitution in India as a labour right, scrutinizing measures by the Indian apex court. Addressing pivotal judgments on sex work, the article tries to examine the employment rights of sex workers, emphasizing the necessity to empower and protect this marginalized group. The paper contributes to a nuanced understanding of the challenges faced by sex workers, advocating for their rights in both legal and societal realms. While underscoring the resistance of societal perspectives to change, we advocate for acknowledging fundamental human rights for sex workers, providing a meaningful perspective in the ongoing discourse on this critical societal issue. The paper, in its entirety, supports the provision of labour rights for sex workers in India and emphasizes the respect due to them. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 11- 36. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content

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BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN

Volume I Issue II /

BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN Arundhati Chatterjee, BBA LLB (Hons.) 1st year student at Presidency University, Bangalore. Download Manuscript ABSTRACT “Before Memory Fades: An Autobiography” is a captivating memoir penned by Fali S. Nariman, a prominent Indian jurist and legal scholar. In this book review, I will try to delve into the depths of Nariman’s life and experiences as he recounts his journey through the realms of law, politics, and society. Through his eloquent storytelling and insightful reflections, Nariman provides readers with a fascinating glimpse into his personal and professional life, making this autobiography a compelling read for anyone interested in Indian law and its evolution over the years. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 92 – 97 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882 PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW?

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