Il ruolo delle Corti Supreme in India e Pakistan nell’interpretazione delle norme di natura religiosa tra pluralismo giuridico e uguaglianza di genere

The role of Supreme Courts in India and Pakistan in the interpretation of religious laws between legal pluralism and gender equality

Abstract

The paper focuses on the conflicted relationship between religion and gender equality in India and Pakistan. Starting from the cultural scenario in which equality clauses are laid down in the Constitutions of these countries, the fundamental role played by the Courts in interpreting religious texts and practices was analysed, in particular from the perspective of the “essentiality test doctrine”. The study of the protection of women rights in these legal systems shows, as argued, the complexity of gender issues in multicultural contexts.