UCC and gender justice.pptx

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. Inheritance : A UCC can provide equal inheritance rights for daughters, which is not the case in some personal laws. 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. 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)