Personal law and gender justice and its controversy perspective of uniform civil code in India
Author(s): Mahammad Ali
Abstract: A Uniform Civil Code (UCC) is a single set of civil laws that replaces personal laws, which derive from customs or religious scriptures, for all citizens of a country. Personal laws cover matters like adoption, maintenance, divorce, marriage, and inheritance. However, the implementation of a UCC has been contentious for years, often used as a political tool rather than a genuine development agenda. One major concern with the UCC is the lack of equal rights for women under personal laws, which historically stem from patriarchal structures. Efforts to reform these laws have been limited and incremental. This raises questions about whether India is prioritizing gender justice or preserving traditional personal laws. In India, family law, or personal law, governs various aspects of family life including marriage, dowry, divorce, custody, and inheritance. These laws are closely linked to religion, with different religious communities following their distinct laws. While some laws are codified by the Indian Parliament, others, like Muslim law based on Sharia, remain uncodified. Despite constitutional provisions for gender equality, religious freedoms sometimes take precedence, leading to challenges in achieving complete gender equality in family laws. The purpose of this research is how the UCC will be applied. And how to strike a balance between personal law and the UCC that will establish fair rights for all? Especially the rights of women.
DOI: 10.33545/26646021.2024.v6.i1d.332Pages: 255-263 | Views: 397 | Downloads: 19Download Full Article: Click Here
How to cite this article:
Mahammad Ali.
Personal law and gender justice and its controversy perspective of uniform civil code in India. Int J Political Sci Governance 2024;6(1):255-263. DOI:
10.33545/26646021.2024.v6.i1d.332
