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  • Essay / Personal rights: articles 14 and 21 of the Constitution

    and 21 of the Constitution. Article 14 of the same text guarantees equality before the law and equal protection of the laws. Further, Article 15 states that no law shall discriminate solely on the ground of sex, caste, etc. Article 21 provides citizens with the fundamental right to life and personal liberty. It is well established that the Constitution is the most supreme document and is above all laws and people. Thus, any personal law discriminating against women would, by its very nature, be unconstitutional and would violate Articles 14 and 15 of the Constitution as well as the expanded meaning of the right to life and personal liberty under the 'article 21. Over the years, the Supreme Court has taken different views in different judgments while dealing with personal laws. In a number of cases, it has been held that party personal laws are not capable of falling within the ambit of Part III of the Constitution relating to fundamental rights. Therefore, they cannot be challenged as being a violation of fundamental rights, including those guaranteed under Articles 14, 15 and 21 of the Constitution of India. On the other...