Uniform Civil Code: An Instrument for Gender Justice

Abstract

The constitutional tenet of equality is firmly etched not only in the Preamble but also in the Equality Code (Arts. 14 – 18) of Part III of the Constitution. Even after seven decades of the Constitution coming into force, our Republic is far from achieving it. In particular, India lags behind in gender justice. India was placed in the 112th place out of 153 countries by the World Economic Forum in the Global Gender Gap Report 2020, four ranks below her 2018 position. While the Index only measures economic participation, educational attainment, health and survival, and political empowerment, a factor that has major impact on the enjoyment of all other rights by women is equal civil rights. In India, the right to marry, divorce, adopt, inherent property, and other ancillary rights are vastly determined by personal laws and thereby are inherently arbitrary. Efforts on part of the judiciary to streamline these laws on the lines of equality and non-discrimination have been few and fleeting. In several situations, the Courts have adopted the “bull in china shop” attitude. Even in situations where the courts have intervened, legislative overturn has grossly affected gender justice in India. The Uniform Civil Code is a legal pursuit that is unique to the diverse and multicultural nation that India is. The talk about implementing the Uniform Civil Code, which is a Directive Principle of State Policy enshrined in Art. 44 of the Constitution of India, has often made circles in both the legal as well as the political corridor. Today, we are closer to the goal than ever before. The India socio-legal scene is past the debate on whether the Uniform Civil Code is desirable. The true question before jurists, law-makers, and lawyers alike is what should form a part of the Code so enacted. The author contents that the Code is the way forward to ensuring gender justice in the context of family law not only for women, but also for gender minorities. While the enactment of the Code alone cannot ensure the attainment of gender justice, without it, no gender equity is attainable. To this end, the paper analyses some of the gross arbitrary provisions in personal laws to highlight the need for uniform civil code. The paper will go on to establish how Uniform Civil Code could act as an instrument of gender justice by bringing into life provisions for marriage, divorce, succession, inheritance, adoption, amongst others that apply to all irrespective of religion and without distinction of gender.