PERSONAL LAW AND CHILDREN
Downloads
Abstract
India is a country of multi-religions and multi languages. Number of people is governed by their personal laws. It leads to different treatment meted out to different classes of people in their personal laws. The people of India belong to different religions and faiths. They are governed by different sets of personal laws in respect of matters relating to family affairs, i.e., marriage, divorce, succession, guardianship, custody, maintenance, inheritance
,acknowledgment (legitimacy /illegitimacy) , adoption , change of religion etc. India’s history, its people and the phenomenon of various personal laws make it an ideal legal system. There is a generally applicable Indian law that applies to all Indians irrespective of their religion. In the personal law sphere, we find a system of concurrent personal laws that applies to members of the various communities in India. As part of this personal law system, is an optional secular system of personal law. In this contribution the following is investigated: the meaning of ‘personal law and children’ in India, the variety of personal law systems applicable in India and the circumstances surrounding the so-called need of uniform civil code for welfare of children. The uniform civil code as envisaged in the article 44 of the constitution includes inter alia, entire gambit of family laws. Our country is the second largest populated country in the world and we also have the second largest child population after china and as we see around, we still need to have to take measures to secure child rights for our children. The recommendations of the Indian law reform commission and the constitutional court would be to harmonize or unify the common and customary law of succession, or rather to enact new unique intestate succession laws, applying to all Indian children equally.
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Jagpal Singh
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
