인도의 종교적 속인법 체계와 여성 정의에 관한 법률 대안: 차이의 문화/ 차별의 문화

India is a pluralistic country contained with unity and diversity. The Constitution of India reflects both constitutional values such as unity and diversity or universality and specificity. The Indian religious personal system is a religious/cultural normative system or a customary/cultural normative system that reflects the constitutional values ​​of cultural diversity and specificity. The personal law system based on religion is prevailing in Indian society that govern the real life of the Indian people, especially women’s status and rights. The certain customs and practice governed by the religious personal laws downgrade the status and rights of Indian women and even expose women to serious sexual crimes. Hence, The fundamental causes and solutions to protect women’s status and rights should be considered in the view of legal and institutional perspectives. This paper proposes that fundamental cause of women’s problems in Indian society is derived from the religion based personal law system. Therefore, it analyzes possibility of its changes in the personal law system and suggest the feasible legal alternatives for solving women’s issue. In this paper, it suggests two legal solutions for women’s issue in Indian personal law system. The first measure is to unify the Indian family law system which is pluralistic system such as Uniform Civil Code or to simplify by focusing to single religious law. The second one is to change other existing legal and institutional system related to religious personal law while acknowledging the coexistence of religious personal law. Accordingly, this paper firstly examines the legal feasibility of both proposed measures by analyzing the reason of coexistence of personal laws in Indian society. For this, it examines the legal legitimacy of the Indian personal law system by analyzing the legal conflicts between constitutional law system and religious personal law system or between respective religious personal laws. Furthermore, this paper also suggests realistic and feasible alternatives that women's problems could be solved while acknowledging the legitimacy of personal law system and analyzes its limits of alternatives.