UNIFORM CIVIL CODE & Gender justice

1. UNIFORM CIVIL CODE
& Gender justice

2. • Uniform Civil Code (UCC) is a proposal that
seeks to replace personal laws based on
religious and cultural practices with a common
set of civil laws that apply equally to all
citizens of India. It aims to ensure gender
justice, social equality, and national
integration by providing a uniform legal
framework for personal matters such as
marriage, divorce, inheritance, and adoption,
among others.

3. • The Indian legal system recognizes personal laws
for Hindus, Muslims, Christians, and other
religious communities. These laws govern
personal matters, including marriage, divorce,
adoption, and inheritance, among others.
However, these laws differ in many respects, such
as age of marriage, divorce, and maintenance,
among others. The Uniform Civil Code aims to
address these disparities and provide a common
set of laws that apply to all citizens regardless of
their religious or cultural affiliations.

4. • A Uniform Civil Code (UCC) is a proposed legal
framework aimed at unifying and standardizing
personal laws related to marriage, divorce, inheritance,
adoption, and other family matters for all citizens,
irrespective of their religious or cultural backgrounds.
• The objective of a UCC is to promote legal uniformity
and equality among citizens, eliminating disparities
that exist due to various personal laws based on
different religions and customs. Here's a more detailed
look at the concept of a UCC:

5. Article 44
• Article 44 of the Indian Constitution directs
the State to endeavor to secure a Uniform
Civil Code for all citizens, but it is not binding.
The State is yet to implement a uniform civil
code, citing opposition from religious groups
and communities who fear that it may dilute
their religious and cultural practices. However,
the Supreme Court of India has held that a
Uniform Civil Code is essential for ensuring
gender justice and social

6. UCC can contribute to gender equality:
1. Equal Rights: A UCC can ensure that women have the same legal rights as men in matters such as
marriage, divorce, inheritance, and property ownership, regardless of their religious background.
2. Marriage and Divorce: It can abolish practices like triple talaq (instant divorce) and polygamy,
which are often seen as discriminatory against women in certain communities.
3 Inheritance: A UCC can provide equal inheritance rights for daughters, which is not the case in
some personal laws.
4 Guardianship: It can establish a uniform age for marriage and consent, ensuring that women are
not married off at a young age against their will.
5 Maintenance: A UCC can establish uniform guidelines for spousal and child support, protecting
the financial rights of women after divorce.
While a UCC can potentially advance gender equality, it's important to acknowledge that
implementing such a code can be a complex and sensitive process, as it involves changes to deeply
entrenched social and religious norms. It requires careful consideration, public discourse, and the
involvement of various stakeholders to strike a balance between personal beliefs and the principles
of gender equality.

7. Purpose of UCC
• A Uniform Civil Code (UCC) is a proposed legal framework aimed at unifying and
standardizing personal laws related to marriage, divorce, inheritance, adoption,
and other family matters for all citizens, irrespective of their religious or cultural
backgrounds. The objective of a UCC is to promote legal uniformity and equality
among citizens, eliminating disparities that exist due to various personal laws
based on different religions and customs. Here's a more detailed look at the
concept of a UCC:
• Historical Background: The idea of a UCC has been a part of the political discourse
in India since its independence. The framers of the Indian Constitution envisioned
a UCC as one of the Directive Principles of State Policy (Article 44), but it's not
mandatory and has not been fully implemented yet.
• Religious Diversity: India is a diverse country with multiple religions, each having
its own set of personal laws. For example, Hindu, Muslim, Christian, and Parsi
communities have separate laws governing family matters.
• Objective: The primary objective of a UCC is to ensure equality before the law and
protect the fundamental rights of all citizens, particularly women, by eliminating
discriminatory practices and ensuring uniformity in legal matters.

8. Cont..
• Marriage and Divorce: A UCC would standardize rules related to
marriage and divorce, eliminating practices like triple talaq and
polygamy, which have been criticized for their impact on women's
rights.
• Inheritance and Property Rights: Uniform laws for inheritance and
property rights would ensure that both sons and daughters have
equal rights to ancestral property, promoting gender equality.
• Guardianship and Minority Rights: A UCC should also consider the
rights of religious and cultural minorities while aiming for
uniformity, to respect the diversity of India's population.
• Challenges: Implementing a UCC is challenging due to the diversity
of religious and cultural practices in
•

9. Case laws
• Shah Bano Case. ...
• Jordan Diengdoh vs SS Chopra, 1984. ...
• Shabnam Hashmi vs Union of India, (2014) ...
• ABC vs the state (NCT of Delhi), 2020. ...
• Shayara Bano & Others vs Union of India &
Others, 2017. ...
• John Vallamattom Vs Union of India (2003)