Gender Justice and Personal Law Reform in India: Revisiting the Uniform Civil Code Debate
Author : Jasmine and Rashmita Behera
Abstract :
The article discusses the relationship between gender justice and religious personal laws. It focuses on the need for Uniform Civil Code to achieve gender justice. In India, family matters like marriage, divorce, inheritance, adoption and guardianship are governed by personal laws of different religions. These personal laws are generally patriarchal in nature and discriminatory towards one gender, specifically women. Uniform Civil Code is a set of civil laws governing family matters applied to all the citizens, irrespective of religion. UCC is a way to achieve constitutional principles of gender equality, justice and non-discrimination. It is mentioned in the directive principles of state policy, though not legally enforceable. However, the state is promoted to implement uniform civil laws. Uniform Civil Code is a way to achieve gender justice and protects women from unequal and discriminatory personal laws. The article begins with the introduction and conceptual framework around Gender Justice and Uniform Civil Code. It focuses on India’s pluralistic legal system and constitutional principles. It highlights the historical foundation of Uniform Civil Code including colonial codification and later post-independence uneven legal reforms. It then compares women’s rights across personal laws around marriage, divorce, inheritance and maintenance. The article states the feminist scholar’s perspectives on personal laws and Uniform Civil Code. It then establishes the question whether Uniform Civil Code can alone achieve gender justice. Finally, the state-level developments for Uniform Civil Code in Goa and Uttarakhand are discussed to illustrate debates around uniformity. The article concludes with the idea that to attain gender justice we not only need legal reform but also require social changes and careful balancing of equality and cultural diversity.
Keywords :
Uniform Civil Code (UCC), Gender Justice, Personal Laws, Legal Pluralism, Family Law Reform, Constitutional Equality.
