Indian Journal of Law and Justice

Permanent URI for this communityhttps://ir.nbu.ac.in/handle/123456789/2866

Indian Journal of Law and Justice (ISSN : 0976-3570 ) is a peer-reviewed Journal published in March and September, by the Department of Law, University of North Bengal, Darjeeling, West Bengal, India. The Indian Journal of Law and Justice are intended to provide a forum for analysis and research on various aspects of law. The IJLJ also invites Research papers, Articles and Technical notes/comments on law and law related issues. For further details see Focus and scope.

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    Pros & cons of Triple Talaq: post Shayara Bano judgment
    (University of North Bengal, 2022-09) Singh, Amrita; Verma, Ravi Kant
    “We are the nation which proudly professes about it being the largest democracy and ensures to both men and women equal rights meanwhile it claims itself to be a secular state. However, under all these pretty claims there lies heinous and discriminatory laws which jeopardize the lives of many people who are in most cases unable to earn a living for themselves. The different courts in India have passed various judgements in the cases of Triple Talaq which is not helping the Muslim women as well. Triple Talaq, a patriarchal practice should be banned because first, it is unconstitutional; secondly, it leaves the women who are divorced and dependent in acute poverty; thirdly, it is un-Quranic.
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    Conceptualising the Rights of Muslim Women in Context of Islamic Personal Law
    (University of North Bengal, 2019-09) Gagneja, Shaveta
    Despite the constitutional commitment for the gender-just laws and equal safeguards for minorities still Muslim women face considerable challenges as a member of largest minority and, are among the poorest, economically vulnerable, educationally and politically marginalized group in the country. Personal law, based on religious laws as modified by state legislation and judicial precedent, governs family relations including marriage, divorce, inheritance and maintenance and applies to individuals on the basis of their religious identity have become the benchmarks of a gender-just existence. According to Sacher Committee report media has extensively highlighted on select cases of Muslim women passionately in identifying the Muslim religion as the sole locus of gender injustice in the Community. In this paper author shall attempt to provide an exposition of statutory and judicial framework of India’s religion-state relations and further illustrate the rights of Muslim women laid down under Holy Qur’an for the protection of Muslim Women. It also briefly look in to the legislative enactments of The Muslim Women (Protection of Rights on Marriage) Act, 2019 over the triple talaq.