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?
Introduction
Uniform civil code UCC is enshrined in Article 44 of Indian Constitution.
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Main Body
Uniform civil code UCC is enshrined in Article 44 of Indian Constitution. Debate on UCC: (1) Property norms and personal law favors the son in property distribution. (2) Marriage laws eg. under muslim sharia law, marriageable age is 9 against 18 in child marriage act. (3) Assert to inheritance and succession, involve family. (4) UCC would provide the Judiciary a common framework to deal with cases of women. (sharia mgt - "some of essentiality" age to be done away)
Challenges in UCC reconciliation with gender equality (Article 15): (1) Opposition from varied schools, eg. Muslim law board and tribal groups have opposed it. (2) Challenge against the state in choosing which law would be uniformly applied (fear of state overreach). (3) Fears about adequate expertise about religious norms by the state. Supreme court in Shah Bano and Sathe Mudgal case have upheld the UCC to promote harmony in the society.
Conclusion
Supreme court in Shah Bano and Sathe Mudgal case have upheld the UCC to promote harmony in the society.
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Diagram
Mind map showing Question of gender equality with four branches addressing different aspects
NAUSHEEN
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Uniform Civil Code and Gender Equality
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