The question of gender equality is central to the debate on Uniform Civil Code. In this light what are the challenges in reconciling UCC with gender equality as enshrined in the constitution?
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UCC can be defined as the process of applying similar law across the entire country in matters of civil cases like marriage, adoption, divorce etc. instead of different personal laws. Why it should be implemented: Genuine Gender equality and personal laws are disproportionately favouring men. Personal trial rule. Constitutional mandate of Art. 44 directs states to implement UCC. Supreme Court in case Shayra Bano case highlighted its importance in national integrity and harmony. Saila mudgal case - SC said that its power of parliament to bring UCC in effect.
Challenges: SR. Bommai case 1994 - SC upheld that state being secular shouldn't interfere with personal laws. Sensitive issues can bring religious conflict and instability. Civil laws are equal already. Regarding tribals rights (Art. 29) - tribals distinct cultural rights and practices are at risk. Law commission said that it neither necessary nor desirable. Way forward: A graduated approach is needed (Piecemeal approach) - Codification of personal law can help in reducing arbitrariness. In constituent assembly BIR Ambedkar also supported UCC but advocated for it being voluntary and not forced.
Governor's position is an important constitutional office. He is appointed by president and there can be a common governor for two or more states. Constitutional role: Appointing various offices like chairman of PSC, reserving bills for president assent (Art. 200), report to president on constitutional machinery failure (Art. 256), Governor makes ordinance when legislature is not active (Art. 213), role in scheduled and tribal areas Schedule. Constitution in federalism: Appointed by centre and work in state, generally president rule is implied after Governor's report to president. Governor is an important link between centre and state. Also play role in decentralization via Autonomous District Councils, make rules affecting government council.
Establish liaison between centre and state. President rule is implied only after Governor's report to president. Governor is an important link between centre and state. Also play role in Decentralization via Autonomous District Councils, make rules affecting government council. However there are certain issues: Delays in bill assent by governor (Pocket veto) - Tamil Nadu Bill. Act as an agent of centre (agics says that) - Governor em conflict - Tamil Nadu - After governor signed some part of Matti governor's address. Huge discretionary power (Art. 163(3)) - often conflict with elected governor. Way forward: Panchvi commission recommended fix 5 year tenure of Governor. Sarkaria commission - Governor should be an outside person, a detached figure from the local politics.
Anjali Ajay Thakur
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Directives Principles of State Policy
Uniform Civil Code and Gender Equality
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