The question of gender equality is central to the debate of Uniform Civil Code. In this light what are the challenges in reconciling UCC with gender equality as enshrined in the constitution?
Main Body
Electoral bonds legitimized opacity:
Of donors:
1. Need not disclose identity.
2. Need not worry about opposition harassment - ex: as happened in Bengal elections.
Of parties:
3. They may siphon funds from organisations in return of favour later.
4. Parties not in power at great disadvantage due to opacity.
Not opaque:
1. The transactions are digitally recorded.
2. Income tax streamlined the process in record books.
3. Parties fund received is on record too.
4. Digital & e-governance tools for transparent funding.
As an idea Electoral bonds are noble.
Article 44 (Part IV) provides for UCC stating that state should strive to provide for uniform civil code.
Gender equality at centre to debate:
1. UCC calls for codification of all laws thus ensuring derogatory practices to check - ex: Talaq-e-bidat (Shayara Bano case).
2. Upholds inter & intra group equality (Right to & Dicean rule of law).
ex: Treating Muslim, Hindu, Christian women on similar footing - Tribal women rights.
3. Specially voicing for minority women in every state (Kerala - hindu minority).
4. Ensure women empowerment by financial & collateral devolution.
ex - share in paternal property, divorce laws, inheritance etc.
5. Gender equality in other fundamental rights -> Right to marry (Shafeen Jahan case), Right to worship (Sabrimala case).
Codification will provide uniformity [ex: Lex Loci report 1865].
However, challenges in reconciling UCC & gender equality:
1. Constitutional challenge as DPSP are not enforceable, conflict with (A25-28) (religion).
2. Historical challenge as doesn't voice minds of constitutional makers.
3. Administrative challenge in building consensus & implementation.
4. Social challenge as rejected by several religious women organisation citing an 'intervention'.
5. Specially difficult for Tribal women.
"The office of governor is not given, it is offered" - Governor of Kerala.
Governor is mentioned under article 152 of the constitution.
Office neither decorative, nor inconsequential as:-
1. Governor has several duties to perform for governance of state:
role in reinforcing federalism
5. Check on state govt. working in accordance with constitution & central directive.
6. Centres appointment, conventionally a person from outside state appointed.
However, this active contribution is limited as:
1. Nominal head & real power with CM.
2. No security of tenure hence at centres grace.
3. Often called centre's agent in state - ex: Bihar assembly floor test case.
4. Oversteps boundaries affecting separation of power - ex: TN recent case over disqualification.
5. Although has situational discretion, he largely is bounded by advice of council (Executive responsible to legislature).
Conclusion
It is crucial to ensure right usage & check mechanism for free & fair elections. 'UCC at this point is neither needed, nor desirable' was quoted by 2018 law commission report. But, a multistakeholder based consensus oriented, gradual UCC may also lead to SDG 5 - gender equality. Governor as a post is thus a co-flag bearer of federalism if combined with other organs.
64 words
Diagram
Pie chart showing religious demographic composition - 78% Hindu, 14% Muslim, small % Buddhist, Sikh with minority % marked
- Balanced view with counter-arguments on transparency
- Good conclusion
- Cites specific case laws
- Uses diagram for demographic context
- Balanced challenges with constitutional and social dimensions
- Good closing quote and way forward
- Good use of quote
- Clear listing of constitutional duties
- Balanced view of powers and limitations
- Contemporary examples used
Annapurna Singh
Salient Features of the Representation of People's Act
Electoral Reforms
Electoral Bonds
523
Total words
23
Paragraphs
analytical
Tone