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Showing posts with label personal law. Show all posts
Showing posts with label personal law. Show all posts

Can uniform Civil Code ensure gender parity in India?

To understand the civil code we have to first understand the India. 
India is the country of 28 states, where billion of people are living together perhaps those billion of people have their own culture, custom, tradition and faith. Even the people who follow the same faith don’t have same custom and ritual. There is a very popular quote in Hindi about India is “Kosh kosh pe badle pani, char kosh pe wani” which means India is a country where taste of water has been change on every step and language on every four steps. 
Civil code includes the matters of marriage, divorce and family, which also known as personal law which is different for every family based on their geography, culture and religion. 
So when British India decided to codify a law for personal law in 1861, then they categories the personal law in two sects, one is Hindu law and another is Muslim law based on the faith of the Indian civilians. Hindu personal law includes all the religion of the India except Muslim. And Muslims got a separate personal law called Muslim law. 
Both the personal law are injustice for India, since British government is not making law based on the ritual, custom and culture followed by the people of India based on their religion, instead of that they are trying to enforce law which they are following in Britain. And anyhow the law which is implemented and followed in Britain could not be same for India, where people are completely different in geography, tradition, culture, and custom. 
Ideally Hindu law should include the common law which followed (ritual and tradition) by Hindus in all part of the country and Muslim law should include the Sharia law (law of God). And need some reform on those practices which are social evils and injustice for any gender to ensure the justice in the state. And ban those illegal practices which is not in law of God but still in practice to create a male governing society; like dowry, physical abuse, sati, and other form of exploitation. 
Since India has endless diversity in nature, ritual, culture, tradition and religion which civilians of India practice, hence uniform civil code never will be helpful to ensure the equality in the society. Government can form a uniform civil code and create a common law for all civilians, but that will be breach of personal law, and violent the fundamental rights; like right to freedom (article 21) and right to religion (article 25, 26, 27, 28). 
At conclusion I would say that; answer of this question is a big No, I don’t think uniform civil court will ensure and bring gender equality in the India.