The UCC: A Boon or Bane for Women’s Rights in India.
Introduction
“India is a nation of varieties and various tones in its topography as well as additionally in its language, culture and strict issues. This variety frequently prompts struggle because of various treatment allotted to various classes of individuals in their individual laws”. Thought of uniform Civil code has been gone against by the unique networks on a simple supplication that the privilege of a gathering or local area of individuals to follow and stick to its own laws is an almost of life of those individuals keeping such laws. In India, we have a criminal code that is similarly material to all, regardless of religion, standing, sex and residence. Notwithstanding, a similar code doesn't exist particularly as for separation and progression and we are as yet represented by the personal laws.
With the end goal of fairness and equivalent equity we need Uniform Civil Code. Without uniform civil code a few group additionally attempt to abuse their personal laws. As we can see the kid theory some are as yet represented by their personal laws which resembles a playing game with their future. In personal laws ladies didn't get their privileges after separate or at the hour of death of spouse however with the execution of Uniform Civil Code, they will get their privileges, youngsters can have their future splendid and even it will likewise assist our country with development.
Uniform Civil Code towards gender equality
Bharatiya Janata Party (BJP) National General Secretary and Rajya Sabha MP, Dushyant Kumar Gautam has said that “Dr. Bhimrao Ambedkar needed a Uniform Civil Code in the country and equivalent rights for women. He said: “Bhimrao
Ambedkar didn't need Article 370 in the country; rather he needed a Uniform Civil Code and requested equivalent rights for women”.
BJP Leader and famous Advocate Ashwini Upadhyay said that “India, which is a common country, needs a Uniform Civil Code to cover civil and basic freedoms issues. In our country, even the period of marriage isn't uniform; for a young lady, it is 18 and for young men, it is 21 and this is likewise not religion-impartial. In Muslims, age of a young lady isn't characterized. One of our PILs in the Supreme Court is on uniform time of marriage and it ought to be 21 basic for all. Presently separation ought to likewise be religion-unbiased as it's a civil and basic liberties issue. Each close to home law has various reason for separation and it should be uniform. The third part is Alimony and it is likewise not religion and unbiased and it must be uniform. Alimony isn't as expected characterized in Hindu Marriage Act. Something comparable is going on in selection and legacy. A draft ought to be framed on these five fundamental perspectives and it very well may be known as the Indian Civil Code. UCC is as of now there in US, UK and a few European nations. Goa has UCC and there are no issues”.
In 1985, during the Shah Bano case, the interest for UCC had become visible. The SC gave the decision for Shah Bano, noticed: “There is no proof of any authority movement for outlining a typical civil code for the country. A typical civil code will help the reason for public coordination by eliminating different loyalties to laws which have clashing philosophies.” The requirement for Parliament to outline a Uniform Civil Code was reiterated during the Sarala Mudgal case to eliminate philosophical inconsistencies. Presently, Goa is the only state in India with a Uniform Civil Code. The Portuguese Civil Code of 1867 applies to all the people of Goa, regardless of their strict or ethnic local area.
However, in Danial Latif's case, the high court generously deciphered S.3 of the Muslim women (protection of Rights on divorce) Act, 1986 and has decided that a Muslim spouse is at risk to make arrangement for the eventual fate of the separated from spouse even after the Iddat time frame. The Supreme Court of India however liked the troubles associated with bringing people of various confidence and conviction under one normal code yet it lamented that Art.44 stayed as a “dead letter.”
The writ petition and review petition were discarded in Lily Thomas and others v. Association of India. Here again the question included was whether a Hindu who is as of now wedded and having spouse living gets changed over into Islam and weds again submits plural marriage or not under section 494 of the Indian Penal Code 1860. The court unmistakably held that till the season of marriage of a Hindu is broken down under the Act none of the companions can contract second marriage. Further, the high court has underlined that in request to control the inclination with respect to Hindu Males to fall back on transformation to Islam, at whatever point they need to have second spouse, the governing body should institute uniform civil code as coordinated under Article 44 of the constitution of India.
Need of Uniform Civil Code in India
In 1947, when India got freedom, it was known even around then that to additionally unite India also, make it a really mainstream country we would require a uniform civil code. However, even following 68 years of freedom we haven't done this. A uniform civil code doesn't mean it will restrict the opportunity of individuals to follow their religion, it simply implies that each individual will be dealt with the same. A uniform civil code will likewise help in improving the state of women in
India. Indian culture is very man centric and sexist and by permitting old strict rules to keep on administering the family accordingly sentencing all Indian women to enslavement and abuse. A uniform civil code will help in changing these deep rooted customs that have no place in the present society where women ought to be dealt with reasonably and given equivalent rights. A uniform civil code is the indication of current reformist country. The different individual laws are fundamentally a proviso to be misused by the individuals who have the force. The panchayats keep on giving decisions that are against Indian constitution, common freedoms are abused through honor killings and female feticide all through the country. By permitting individual laws there is established a substitute legal framework that actually works on millennia old qualities. A uniform civil code would change that. A uniform civil code will likewise help in decreasing vote bank governmental issues that most ideological groups enjoy during each political race. In the event that all religions are covered under similar laws, the lawmakers will have less to bring to the table to specific minorities in return of their vote. Not having a uniform civil code is hindering to genuine popular government and that needs to be changed.
Without a doubt, a Uniform Civil Code will guarantee gender equality and will give equivalent status to all residents regardless of the local area they have a place with. The individual laws of various religions are unique, because of which they conflict with Article 14 of the Constitution, which ensures fairness under the watchful eye of the law. As per reports, various alterations have been brought to Hindu individual laws, while Muslim laws have seen less changes. These individual laws likewise put men in a more favorable position contrasted with women; for example, Muslim men are being permitted to wed different spouses, while women are taboo from having numerous husbands.
Conclusion
The Indian Judiciary has likewise done a great deal yet it is ground reality that there are a few constraints on purview of Judiciary which can't assume control over the elements of different organs of the State viz. Chief and Legislature. In this association, the Uniform Civil Code, a constitutional order, is anticipating the kindness of Indian Governing body to appear as law to give equivalent status to people, who are casualties of varieties in close to home laws. A uniform civil code will zero in on rights, leaving the ceremonies typified in close to home law unblemished inside the limits of constitutional respectability. Being discretionary, it will give free decision and work with harmonization of social connections the nation over with regards to the evolving forms of arising cultural real factors. There is a high need of UCC in India as India can be a secular country in the true sense of the word only when all communities belonging to various religions like Hindu, Islam, Christianity etc. follow a single set of laws, thereby uniting diverse sections of people. India can be a united country only if the same laws related to inheritance, marriage, family, land etc. are applicable to all citizens, irrespective of the caste, creed, communities they belong to. This way all Indians will be treated equally. A uniform civil code will help in improving the conditions of women in India. It will help in bringing changes in the age-old traditions that have no relevance in today’s modern society, where women should be given equal rights and should be treated fairly. A uniform civil code in India will ensure not division on the basis of religion but unity by creating a feeling of nationality.
References-
Journals-
Dr. G.S. Rajpurohit & Dr. Nitesh Saraswat, NEED AND CHALLENGES TO UNIFORM CIVIL CODE IN INDIA: A SPECIAL REFERENCE TO MUSLIM ETHOS, National Law School of India University Journal of Law and Public Policy, Vol. IV, p.n. 31.
Dr. Saroj Bohra, ‘Uniform Civil Code, Women Empowerment and Gender Justice’ South -Asian Journal of Multidisciplinary Studies (SAJMS) ISSN: 2349- 7858: SJIF: 2. 246: Volume 3 Issue 2, p.n. 12.
Online database-
SCC Online
Jstor (www.jstor.org)
Author’s details- Aditi Bais
II year student,
National Law University, Nagpur.