THE ICFAI UNIVERSITY ICFAI LAW SCHOOL THE ICFAI UNIVERSITY ICFAI LAW SCHOOL is going to organize a NATIONAL SEMINAR NATIONAL SEMINAR on is going to organize a NATIONAL SEMINAR on Problems & Prospects Problems & Prospects Problems & Prospects ON REFORMS IN PERSONAL LAWS IN INDIA 8th April, 2017 8th April, 2017 8th April, 2017 Venue The ICFAI University, Dehradun Rajawala Road, Central Hope Town, Selaqui, Dehradun Pin.: 248197, Uttarakhand www.iudehradun.edu.in
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The ICFAI University, DehradunRajawalaRoad,CentralHopeTown,Selaqui,Dehradun
Pin.:248197,Uttarakhandwww.iudehradun.edu.in
TheICFAIUniversity,DehradunisestablishedundertheprovisionoftheICFAIUniversityAct,2003(Act16of2003)enactedbytheStateofUttarakhand.TheUniversityisrecognizedbytheUniversityGrants Commission under Section 2(f) of UGC Act, 1956. The University is the member of theAssociationofCommonwealthUniversities,LondonandAssociationofIndianUniversities,NewDelhi.TheUniversityislocatedatSelaqui,Dehradun(Uttarakhand).Sinceitsinception,theUniversityhasmaintained the standard and decorum in the educational environment. It’s main objective is tocreateanddisseminate knowledgeand impart skills in coreareas through innovative educationalprograms, research and development, thereby developing a new cadre of professionals with highdegree of competence and a deep sense of ethics and commitment. The University isglobal in outlook and cosmopolitan in character. It is focused on four vital disciplines of Law,Management, Engineering and Education. The programs are structured in away so as to impartthestudentswithqualityeducation,qualityresearchandindustryinterface.
ICFAILawSchool(formerlyknownasFacultyofLaw)isoneoftheconstituentbodiesoftheICFAIUniversity,Dehradun.ICFAILawSchool(ILS),TheICFAIUniversity,Dehradunisestablishedwithanobjective of developing a new generation legal professionals through comprehensive andcontemporary body of integrated knowledge of Law, Management and Social Sciences. The lawprograms (BBA. LL.B. (Hons.), B.A. LL.B. (Hons.) and LL.B.) at ILS are duly recognised bytheBarCouncilofIndia.InadditiontoittheLL.M.andPh.D.programsarealsoofferedatILS.Theseprograms have a �ine blend of theoretical learning and practical training to sharpenthe professional knowledge and skill sets of the students to transform them as leaders inthe legal profession. ILS is committed to shape a new cadre of legal professionalsthrough a comprehensive and contemporary body of integrated knowledge of law,managementand Social Sciences and rigorous education and research programs. ILS has the socialresponsibilityof continuing tobea centreof excellence in the �ieldof legal education,apositionwhichitcametooccupywithinashortspanoftime.
A35yearsoldMuslimwomanShayaraBano,recentlymovedtheSupremeCourtofIndiaseeking a ban on instantaneous triple talaq (Talaq-e-Biddat), Polygamy, Halala. Herpetition in the Supreme Courtmakes nomention of the Uniform Civil Code, neither doesit ask for codi�ication of Muslim Personal Law. She has sought equality before law andprotection against discrimination on the basis of her gender and religion. She challengeda personal law practice citing her fundamental rights. As the Supreme Court of India isadjudicatingthematterbyconstitutingConstitutionalBench,nodecisionhasbeentakenyet.The Secretary of All India Muslim Personal Board (AIMPB) as respondent number 7 inthe writ petition, �iled its counter af�idavit Contending that the present petitiondoes not fall within the Judicial Review. It was further submitted that personal lawsdonotderivetheirvalidityonthegroundthattheyhavebeenpassedormadebyalegislatureor other competent authority in the territory of India. The founding sources of both theHindu and Mohammeden laws are their respective scriptural texts. The basic principleswhich are the basis of Hindu/Muslim/Christian personal laws are peculiar totheirownreligionwhichcannotbechallengedon thegroundofbeingviolativeofPart-IIIoftheConstitutionofIndia.
HowevermanyothershadexpressedtheirviewsthatbothHinduandMuslimandreligiouspersonallawsingeneralemergedoutofsocio-politicalconsiderationslikeanyotherlaw,whichrelyonthecoercivepoweroftheStatefortheirauthority.Itisuntenablethereforetothinkthatthebodyoflawsreferredtoas“personallaws”derivetheirvalidityfromreligion,ratherthanthestate.Theyfurthersubmittedthatpersonallawsocalledislawbyvirtueofthesanctionofthesovereign behind it and is for the very reason, enforceable through court. NeitherManu norMuhammad, but the monarch for the time makes 'personal law' enforceable. It is the statelegislative authority that is the basis of personal law. Moreover Article 25 (2) of theConstitution of India enabling the state to enact laws provides for social welfare reforms.In order to introduce social welfare reforms, is it not permissible to change theevil practices as done in pursuance of such personal laws in the name of religion? Itis high time that the academicians, lawyers, judges, social scientists, law reformers,researchers and law students should sit together to �ind out the viable issues, challenges andsolutionsforthereformofpersonallaws.
Concept Note
ThisonedayNationalSeminaraimstofocusontheaforesaidandmanyotherissues,challengesandopportunities relating to the reform of personal laws and searching for pragmatic solutions ofproblematicissues.Wehopethatthesuggestions,recommendationsandresolutionsfromthisseminarwill be of immense value and will pave the way for the judges, lawyers, policy makers and lawmakerstocomeoutwithviablesolutions.
Call For PapersResearchpapers/ArticlesandCaseStudiesfromlegalfraternityareinvitedforpresentationinthenational seminar. Communication of acceptance will be sent to authors for presentation.Co-authorship is allowed, but each author is required to register andpay the registration feesindividually.
Important DatesLastdateforAbstractSubmission:25thMarch2017LastDateforCommunicationofAcceptanceofAbstract:31stMarch2017LastDateforSubmissionofFullPaper:5thApril2017TheabstractandfulllengthpapermustincludeTitle,Author(s)Name&Designation,Nameoftheinstitutionoftheresearcherande-mailaddress.