UNIFORM CIVIL CODE: A STEP TOWARDS GENDER JUSTICE
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Abstract
The founding father of our constitution Dr. B. R. Ambedkar once visioned and argued persuasively on introduction of concept of Uniform Civil Code which was supported by other eminent nationalists of that time during draft of Constitution but same was aggressively opposed by particularly a minority segment, on ground of interference in personal laws and also quoting that time is not ripe for same, a dynamic idea which otherwise would have been a bedrock for national integration as also gender parity justice was confined to just idea alone by adjustment of said provisions in chapter of Directive principles of state policy.
The present paper endeavours to examine how the relevancy of introduction of uniform civil code in our constitution in binding form is need of hour even after lapse of more than 70 years primarily on three fold facets:-
- Gender parity justice law
- National integration
- Secular state
Article 44 of the Indian Constitution clearly states a uniform civil code for its citizens. It states: "The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India". What is the meaning of Uniform Civil Code in this context here? We already had a common criminal code that was applicable to everyone in the Indian subcontinent. Additionally, we had a number of uniform civil laws, including the Civil Procedure Code, the Transfer of Property Act, and the Contract Act. So, this uniform civil code actually referred to personal laws, also known as family laws.
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