THE GENDER RIGHTS OF THE MUSLIM WOMEN- IN REFERENCE TO THE UNIFORM CIVIL CODE IN INDIA

Abstract

This paper is based on the aptness of the Uniform Civil Code in India, in relation to the gender equality matter especially for the Muslim women in India. The article shall discuss on various Case Laws and specifically the Shah Bano Case judgement in detail, along with the Triple Talaq Bill that has been recently proposed. This article will basically deal into all the problems that a Muslim woman deal into, in her life regarding maintenance, divorce, marriage, inheritance, adoption laws etc. and various relevant opinions on the UCC. Therefore, a Uniform Civil Code is the utmost need of the hour for our country for protecting and preserving the rights of a Muslim women which has been most of time overseen by the country. This research paper shall discuss the factors that whether there must be some modifications in the Mohammedan Law or the Uniform Civil Code shall be adopted all over instead, what are the opinions of various learned and distinguished personals on the UCC, and the struggling status of Muslim Women. Men and Women are two sects of the society which balances the equilibrium of the nature. But India is such a country where male plays the ideal role of ‘bread-earners’ and ‘Karta’ of the family. Anything against them or anything done to belittle them is taken to be as a crime no matter how unfair they are or how cruel they are against their opposite sex. No matter in the dawn of modernisation and development, India has too changed their way of thinking and liberalised quite a lot the rules regarding men and women. However, changes in the way of thinking also took place but these were not put into action. They were just mere rules, which kept the rate of crimes against women growing fast. Then the administration and the government were compelled to take few actions in order to bring the gap between the men and women to an end. The personal laws for different communities differed from each other. The Hindu women, where had liberalised laws on the other hand the Muslim women had very much harsh rules for themselves. The personal laws for Muslim women regarding adoption, guardianship, marriage, divorce differs to that of the rules for the Hindu women. Therefore, the UCC could make a code of conduct which would be uniform or same for all the people from different communities. However, a revolution has started already which was maybe very necessary and it is also very much evident throughout the legislative and judicial journey the Muslim women have been through, in these years.