"It is a regret that Article 44 has remained a dead letter" said Justice Y V Chandrachud in Shah Bano judgement (1985). Our constitution-makers have placed 'Uniform Civil Code(Article 44)' under Directive principles of State Policy(Part IV). Need for UCC to balance diversity and ensure social justiRead more
“It is a regret that Article 44 has remained a dead letter” said Justice Y V Chandrachud in Shah Bano judgement (1985). Our constitution-makers have placed ‘Uniform Civil Code(Article 44)’ under Directive principles of State Policy(Part IV).
Need for UCC to balance diversity and ensure social justice
1) It enhances ‘Secularism’ – mentioned in Preamble and a part of Basic structure.
2) It is based on ‘Equality’ – a fundamental right (Article 14)
3) Personal laws are usually against women and marginal, vulnerable sections.
For example, Shariat – allows polygamy (Sarala Mudgal Case)
5) States like Goa, Uttarkhand have adopted UCC after legislative consensus
6) Supreme Court has supported its implementation in multiple instances.
Challenges to implement UCC
1. Article 26 provides for the right to manage one’s own religious matters.
2. Debate of – Fundamental Rights(Article 26) v/s DPSPs(Article 44)
3. STs have customary laws protected by the constitution itself.
4. Apprehensions of imposition of majoritarian values on minority
5. Accommodating diversity
Way forward
1) 22nd Law commission sought public consultation process on UCC
2) Consensus building that UCC is necessary
3) In the short-term personal laws can be codified phase-wise
4) UCC should not be imposed right away through an ordinance, it should pass through parliamentary debates and deliberations
5) Political parties should rise above differences for the common good of all
A fundamental change in people’s mindset is required for UCC’s implementation.
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The concept of feminism is often misinterpreted as women superiority or as a notion which is against men but the true and real meaning of the word is "gender equality". Feminism can also be associated with women upliftment but that's just because women needs to be uplifted after centuries ofRead more
The concept of feminism is often misinterpreted as women superiority or as a notion which is against men but the true and real meaning of the word is “gender equality”. Feminism can also be associated with women upliftment but that’s just because women needs to be uplifted after centuries of being suppressed. To answer your question yes feminism has been misused but every single MOVEMENT ever started in history has drawbacks and its for us to decide if the drawbacks are worth the notion. We hear on news or read in newspapers or come across headlines while scrolling social media which say something like “FALSE CASES OF RAPE ON RISE” or ” WOMEN PLAYING THE VICTIM CARD” and this is a huge problem, women playing the victim card but this problem can be tackles strategically. One of the most important thing that needs change is establishing laws protecting men and transgender people from sexual harassment and rape. Every single person deserves to feel safe regardless of their sexual identity. Government should start women safe busses especially at night so that equality in workplace can be established. Misuse or not Feminism as a concept is very important for us to move towards a more egalitarian society.
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