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Gender Justice and Uniform

Civil Code
INTRODUCTION :-

The Uniform Civil Code (UCC) is a set of laws that would apply
to all citizens, regardless of their religion, in matters such as
marriage, divorce, inheritance, and adoption. However, in
India, there is currently no uniform civil code for personal law
matters. The criminal law in India is the only law that applies
to all citizens, regardless of their religious affiliations. The
laws governing marriage, divorce, inheritance, guardianship,
etc. for Hindus, Muslims, Christians, and Parsis are different.
There is a lack of uniformity in personal law matters. The
formation of a uniform code to govern these matters has been
a sensitive topic of discussion throughout the history of Indian
law-making. This lack of uniformity has led to a discriminatory
approach towards women by the law. It's important to
examine the current scenario of Indian women and personal
laws.

India needs proper law in order to achieve its goal. Because law is the key
that opens the door to turn a right into duty. Uniform criminal law in India
contains different types of provisions that protect women from inequality.
But laws concerning personal matters such as marriage, adoption, divorce,
inheritance, succession etc. were founded on religion and custom. Every
religion has its distinct laws related to personal law. Some of them are
codified and some not. There is no uniform civil code based on gender just
like other countries for instance the United States of America, Pakistan,
Bangladesh, Turkey, Indonesia etc.

HISTORICAL CONTEXT OF PERSONAL LAWS IN INDIA :-

In India, the rich religious and cultural legacy of the nation is
closely connected to the historical background of personal
laws. Personal laws have historically been drawn from many
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societies' religious texts and conventions and deal with issues

including marriage, divorce, inheritance, adoption, and family
relationships. An outline of the development of personal laws
in India is provided below. India’s legal system underwent
significant modifications during British colonial rule. The
British recognized and respected the many religious and
cultural customs of different communities, and so they chose
not to get involved in matters of personal law, even though
they created a unified criminal and civil code for most parts of
governance. Consequently, there was a formal definition of
Muslim and Hindu personal rules, mostly based on religious
writings such as the Sharia for Muslims and the Manu smriti
for Hindus. During the late 18th century, the British
administration, led by Warren Hastings, started the process of
codifying Hindu and Muslim laws. They applied Hindu law to
Hindus and Muslim law to Muslims in cases of marriage,
divorce, and inheritance. This was done to uphold social order
and to prevent interference with the religious customs of
Indians. After India gained its independence in 1947, the
problem of creating a cohesive nation that respected its
cultural and religious diversity fell to the drafters of the
Constitution. The writers of the Constitution included Article
44, which calls for the state to work toward the creation of a
Uniform Civil Code (UCC) for all citizens, into the Directive
Principles of State Policy to advance gender equality and
national unity. The recently independent Indian state
purposefully chose to maintain the system of distinct personal
laws after giving it considerable thought. The difficult task of
balancing many legal systems and the need to honor religious
sensitivities informed this conclusion. However, it was also
acknowledged that reform is desperately needed, especially
when it comes to concerns of gender justice. In the 1950s, the
Hindu Code Bills represented a landmark effort to reform and
modernize
Hindu personal laws. These bills encompassed the Hindu
Succession Act of 1956, the Hindu Marriage Act of 1955, the
Hindu Minority and Guardianship Act of 1956, and the Hindu
Adoptions and Maintenance Act of 1956. Through these
legislative acts, substantial changes were implemented,
granting women equal rights to inheritance and empowering
them to seek divorce. The modification of Hindu personal laws
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was a controversial process that drew strong resistance from

traditional Hindus. However, the government, led by Prime
Minister Jawaharlal Nehru, pushed for the reforms as part of a
larger effort to modernize Indian society and promote gender
equality.

Muslim laws were largely touched by the reformers as

compared to Hindu laws. The Muslim Personal Law (Shariat)
Application Act of 1937 still governs marriage, divorce, and
inheritance among Muslims. The hesitation to alter Muslim
personal laws stemmed from worries of political repercussions
and concerns about encroaching on religious liberty. Over the
years, there have been various calls for reform within the
Muslim community, particularly addressing customs such as
triple talaq and polygamy, which are considered
discriminatory against women. However, these topics have
remained delicate, with any attempts at reform frequently
resulting in heated controversy
DISCRIMINATION AGAINST WOMEN BY PERSONAL LAWS :-
The personal laws in India are primarily based on social
principles that existed in ancient times, which were largely
unfair to women and did not promote gender equality.
Therefore, it is fair to say that the idea of gender equality is a
relatively new concept in Indian society.

In Hindu law, the principles outlined in the Manu Smriti are

typically upheld. For instance, specific rules are applied in
matters of succession, maintenance, and adoption.
Historically, women were not considered the exclusive heirs of
the family, and only men could inherit property from their
fathers. The Karta, or head of the family, held the final
authority in matters concerning women in the family. Despite
these traditional norms persisting in some circles, the
judiciary has taken affirmative steps to counter this mindset
and practice within our society. In the case of Daneman V.
Amar, the court held that daughters have equal rights as sons
for the properties owned by the [Link] this instance, the
court delved into the far-reaching implications and goals of
the 2005 amendment, which sought to eradicate gender
disparities in Indian society. The amendment tackled various
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issues, including divorce, adoption, and more, where the

husband wields ultimate authority in decision-making. Even
widows were required to obtain their husband's consent
before being able to adopt a child, perpetuating unjust
customs that have endured for years and continue to impact
contemporary society.

In the context of Muslim personal laws, we observe a disparity

in the rights and privileges assigned to men and women. One
notable example is the practice of polygamy, where a man is
permitted to enter into marriage with up to four women, while
a woman would violate the law if she were to marry another
man concurrently. The custom of triple talaq was traditionally
observed among Muslim communities until the recent case of
Shayara Bano, in which a five- judge panel of the Supreme
Court deemed it to be an unconstitutional practice .
In the realm of religious practices and ideologies, a pattern of
male dominance is observable within Christian laws, reflecting
a broader trend across varying personal laws. Under the
Indian Divorce Act of 1869, the divorce proceedings for Indian
Christians were characterized by a notable gender imbalance,
as husbands were only required to prove adultery for divorce
while wives had to substantiate multiple grounds such as
bigamy, cruelty, desertion, sodomy, and adultery. However,
the landscape evolved in 2005 with the passing of an
Amendment bill that introduced reasonable grounds for
divorce accessible to both parties, regardless of gender.
Despite this progressive development, it remains essential to
acknowledge the persistent inequalities perpetuated in certain
areas by our country's lawmakers, contributing to the unequal
treatment of men and women.
The current situation highlights the need for significant
change. Fozia, the president of CFI at Jamia Millia Islamia in
Delhi, emphasized that "Girls should not be confined within
four walls."
If the laws meant to dismantle these barriers end up creating
new ones, we cannot ignore this issue. This underscores the
necessity for a uniform code that can address the prevailing
inequality in our society. The call for reform extends beyond
mere legal adjustments and embraces a profound social
transformation. This transformation demands the recognition
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and safeguarding of individual liberties and rights, irrespective

of gender. A unified legal framework would act as a bulwark
against inequality, ensuring that no one is marginalized or
subjected to unfair treatment. Visionary leaders like Fozia
embody the aspirations of a burgeoning justice
movement, seeking to turn empowerment into a tangible
reality rather than a mere slogan. Our legal system must
evolve in tandem with societal changes, embodying our
steadfast dedication to fairness and inclusion for all. Failing to
make these adaptations risks perpetuating oppressive cycles
and thwarting the potential of countless individuals who
deserve the opportunity to thrive.

UNIFORM CIVIL CODE APPROACH TOWARD GENDER

JUSTICE:-

The legal framework outlined in Article 44 of our constitution

emphasizes the implementation of a uniform civil code (UCC)
as a directive principle of the state. The directive regarding
the Uniform Civil Code (UCC) goes beyond mere legal
standardization; it serves as a mechanism
to champion justice, equality, and national integration. Its
objective is to ensure that all citizens, irrespective of their
religious beliefs, adhere to the same set of laws. While it
currently lacks enforceability, the UCC is designed to address
disparities in personal laws, particularly those
that exhibit gender-based discrimination. By fostering
principles of equality and secularism, the UCC endeavors to
establish a more unified and just society where individual
rights are uniformly upheld, thereby advancing the
constitutional vision of justice for all.

The primary objective of the UCC is to establish uniformity

among citizens, particularly addressing gender equality within
the society. As of now, the imposition of the UCC remains a
highly debated and discussed topic. Over the years, there
have been several judicial approaches aimed at establishing a
uniform code to govern various aspects such as marriage,
divorce, succession, and more. Notable case laws in this
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regard have generated significant public attention and

interest.

1. Sarla Mudgal vs. Union of India,( (1995) 3 SCC 653) in this

case, the Supreme Court held that it is illegal to solemnize a
second marriage by converting to Islam without dissolving the
first marriage. The case is considered a landmark judgment.
Also, the bench called the failure of successive governments
to date for not having a proper implementation of a uniform
civil code in India. They ordered the government to have a
fresh look at the principle laid down under Article 44 of the
Indian constitution.

2. Ms. Jordan Deigndeh vs. S.S Chopra, in this case, the need
for UCC in Indian society was pointed out by D. Chinnappa
Reddy, J. He observed: “The present is yet another which
focuses on the immediate and compulsive need for a uniform
civil code. The unsatisfactory state of affairs consequent on
the lack of a uniform civil code is exposed by the facts of the
present case.”

3. John Vallamattom vs. Union of India, the court held that

section 118 of the Succession Act is unconstitutional being
violative of article 14 of the constitution. Along with that the
chief justice of India forcefully reiterated the view that the
common civil code be enacted as it would solve such
problems. “Article 44 is based on the premise that there is no
necessary connection between religion and personal law in a
civilized society.”

The case laws delve into the intricate ways in which

courts perceive and emphasize the significance of
implementing a uniform civil code (UCC) in Indian society.
They also shed light on the proactive role of our judicial
system in enforcing the UCC to uphold the unity and integrity
outlined in our country's preamble. Moreover, these cases
vividly portray the transformative potential of a uniform code
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in challenging and reshaping the prevailing gender-based

hierarchies within our society.

CONCLUSION:-
Gender justice has always been a sensitive topic of discussion
in our country. Through many activist moments, many of us
brought the unjust societal constraints on women to the public
eye. But many a time the governing authorities turned a blind
eye towards their effort. As a developing country, India still
needed to develop in many areas, especially in the equality of
women under the legal system. We have a dynamic country
that consists of diverse religious beliefs, and ideologies which
needed a common and uniform code to bring integrity among
these diversifications. In addition to that women form about
half of the Indian population. To sum up we can say that a
common civil code will enhance the cause of national
integration by removing the contradictions based on
ideologies.
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BIBLIOGRAPHY

1. Centre for Law and Policy Research, UCC-Part-1-constitutional-History.

Available at: [Link]
[Link].
2. [Link], Indian Constitutional Law, Lexis Nexis, 7th
Edition 2015.
3. Rattan, Jyoti. “UNIFORM CIVIL CODE IN INDIA: A BINDING OBLIGATION
UNDER INTERNATIONAL AND DOMESTIC LAW.” Journal of the Indian
Law Institute 46, no. 4 (2004): 518.
[Link]
4. Seth, Leila. “A Uniform Civil Code: Towards Gender Justice.” India
International Centre Quarterly 31, no. 4 (2005): 48.
[Link]
5. Upendra Baxi, Towards A Sociology of Indian Law,
Satwahan Publication, New Delhi,1986.
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