Project Proposal made in Partial Fulfilment of the course Family Law

during the academic session 2017-18, Semester III.

On
Marital Status based Discrimination - A peep into Personal Law

Submitted to:-Dr. Shaiwal Satyarthi Submitted By: Shreyank Tiwari

Faculty of Family Law Roll No: 1564

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA-800001, BIHAR, INDIA
September, 2017
INTRODUCTION
Marital status is whether you are, or are not, single, married, divorced, widowed, separated, a
domestic partner or in a de facto relationship. Domestic partner refers to all couples,
regardless of their sex and sexual orientation. Discrimination is treating, or proposing to treat,
someone unfavourably because of a personal characteristic protected by the law.

The family laws or Personal Laws are based on different religions and customary practices
in the country; and regulate marriages, divorce, adoption and succession. As these are based
on religious norms relating to the institution of marriage and the family, they reinforce the
unequal gender relations that discriminate mainly against women.

Although all these discriminations contravene the constitutional guarantee of equality and
non-discrimination on the basis of sex, it derives its justification from another constitutional
guarantee of freedom to practice religion. Consequently there exist separate personal laws for
Hindus, Muslims, Christians and Zoroastrians.

AIMS AND OBJECTIVES

1. To study about discrimination happening on the basis of marital status in India.

2. To study about the various personal laws and its effects on marital status based
discrimination.

HYPOTHESIS
1. Marital Status based discrimination mostly happens with females in India and even the
Personal laws provisions discriminate mostly against women more than men.

2. Corporate sector is overcoming old provisions and rules of theirs which discriminated on the
basis of marital status and reforming their policies.

RESEARCH METHODOLOGY
The researcher has primarily relied on the doctrinal method. The research is based on
comprehensive study of sources like text books, journals, articles, web sources etc.

REVIEW OF LITERATURE
a) Primary Sources: Cases, Acts.
b) Secondary Sources: Articles, Journals.

TENTATIVE CHAPTERSIZATION
1. Introduction.

2. Marital Status based discrimination Current Scenario

3. Personal Laws and its Impacts.

4. Related Landmark case laws.

5. Conclusion.