Author: Dhanesh Sivakumar, SASTRA Deemed University, Thanjavur
Co-Author: Prishima K, SASTRA Deemed University, Thanjavur
ABSTRACT
This article thoroughly investigates the constitutionality of the Muslim Women’s Protection Act, a legislative measure crafted to tackle the challenges faced by Muslim women, particularly in relation to issues such as triple talaq and polygamy. The law intricately navigates the fine balance between upholding religious freedom and promoting gender justice. The study initiates a comprehensive exploration of the constitutional foundations that support the Act, traversing through the intricate web of case laws that have significantly influenced the legal history of India. Through a meticulous analysis, the article scrutinizes arguments put forth by both critics and proponents, unveiling the constitutional complexities and imperatives that characterize this pivotal legislation. Set against the backdrop of a nation evolving in its approach to constitutionalism, this examination illuminates the nuanced dynamics inherent in the intersection of religious freedoms and the rights and dignity of Muslim women.
