Abstract

The question that arises here is that even after 75 years of Independence does women of independent India enjoys their rights at the full extent. As we all know that in the present legal system the personal laws govern the matters related to marriage, divorce, inheritance and succession and it is quite clear that there is connivance between the personal laws and patriarchy. Presently, due to the political situation women’s rights continues to be conquered by the discussion of majority and minority in the sake of vote bank policy, there is a need to make a paradigm shift towards the protection of rights of women. It has been seen very often that somewhere the Gender Equality stands settled by personal laws in India and in the sake of the political vote bank even the legislature don’t dare to amend the discriminatory personal laws. UCC which means uniform law for all is envisaged under Article 44 of the Constitution of India which states that “it is the duty of the State to secure for the citizen a Uniform Civil Code throughout the territory of India.” . UCC forecast the idea of governing all people belonging to different religion and regions under same law. The eminent feature of UCC is that it has the ability to restore the concept of women empowerment which India always concerned about. It aims to replace the customary personal laws which are discriminatory on the basis of gender. This paper tries to analyze the oppression of women under personal laws and how it can be curbed out by the implication of UCC. This paper will also put a light on the history of personal laws and different landmark cases which dealt with the constitutionality of particular provisions of personal laws.

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