Gender Justice and the Need for a Uniform Civil Code in India

  • Umesh Bhagwati
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  • Umesh Bhagwati

    Research Scholar at Institute of Law, Jiwaji University, Gwalior, India

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Abstract

Gender justice is a cornerstone of social equality, yet it remains elusive in India due to the disparities entrenched in the country's plural personal law system. Personal laws governing marriage, divorce, maintenance, inheritance, and adoption vary widely across religious communities, often perpetuating gender discrimination and patriarchal norms. This paper critically examines the systemic gender injustices inherent in India’s personal laws and advocates for the implementation of a Uniform Civil Code (UCC) as a necessary step toward achieving legal uniformity and gender equality. Drawing on constitutional principles, international norms such as CEDAW, and landmark judicial decisions, this study highlights the urgent need for reform. It underscores how a UCC can harmonize the legal framework, address existing inequalities, and provide a common platform that ensures justice for all citizens, irrespective of religion or gender. By proposing a balanced approach that respects India's cultural diversity while prioritizing constitutional ideals of equality and justice, this paper contributes to the ongoing discourse on legal and social reform in the country.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 2307 - 2315

DOI: https://doij.org/10.10000/IJLMH.118863

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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