Hindu and Muslim women, who face discrimination on numerous fronts due to their intersection with gender, religion, and community, have been disproportionately hit by the constitutional duality of public and private inequity. There can be no gender or religious discrimination in India, according to the constitution. But this parity does not extend to the home, where Islamic personal law blatantly discriminates against Hindu and Muslim women. The personal law system governs all family relations and applies to individuals based on their religious affiliation. Hindu and Muslim women face discrimination in divorce or marriage, custody and guardianship, inheritance and succession, and other areas where personal law is applicable. Besides this disadvantage in legal status, Hindu and Muslim women face further marginalization in citizenship and democracy in terms of socioeconomic position, political representation, and participation. This is all because they are members of a religious minority. The constitutional canon has consistently ignored the importance of gender, which has led to the marginalization of substantive gender equality. Hindu and Muslim women's substantive equality has always been positioned in opposition to minority rights and religious freedom. The quick triple talaq practice was declared null and void by the Supreme Court in the landmark Shayara Bano ruling due to its violation of the constitutional guarantee of equality. This study examines the issue to determine whether or not Hindu and Muslim women's equality rights might be included in the constitution. Using feminist constitutionalism as a lens, this article will analyze the Indian Constitution while the revolutionary possibilities it holds for Muslim and Hindu women.
P. et al. (Fri,) studied this question.