Document Type
Article
Publication Date
9-2016
Abstract
The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.
Keywords
Women, India, family law, discriminatory personal laws, international norms, Muslim Personal Laws, Islam, Syrian Christian Laws, Chistianity, Hindu Personal Laws, Hinduism, personal law systems of India, gender
Publication Title
New York University Journal of International Law & Policy
Repository Citation
de Silva de Alwis, Rangita and Jaising, Indira, "The Role of Personal Laws in Creating a “Second Sex”" (2016). All Faculty Scholarship. 1681.
https://scholarship.law.upenn.edu/faculty_scholarship/1681
Included in
Asian Studies Commons, Civil Rights and Discrimination Commons, Comparative Methodologies and Theories Commons, Family Law Commons, Gender and Sexuality Commons, Human Rights Law Commons, Law and Gender Commons, Law and Society Commons, Public Policy Commons, Religion Law Commons, Social Policy Commons, Sociology of Culture Commons, South and Southeast Asian Languages and Societies Commons, Women's Studies Commons
Publication Citation
48 N.Y.U. J. Int'l L. & Pol. 1085 (2016).