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THE NEED FOR A UNIFORM CIVIL CODE IN RELATION TO WOMEN’S RIGHTS

By Nirupama V Shankar & Padmanabhan B.S

Human rights are the most fundamental facet to every individual, regardless of gender, caste, religion, and any other social construct. The concept was revolutionized in 1948 with the advent of the Universal Declaration of Human Rights. The rights in this Declaration have been instilled as fundamental rights in the Indian Constitution. They are the cornerstone of Indian law and find mention in the Directive Principles of State Policy. Per the 42nd Amendment, the lawmakers of our country incorporated the term ‘secular’ in the Preamble but, neither the Judiciary nor the Legislative provided the exact definition of this term. It is evident from the everyday happenings of our nation, that India hasn’t reached the ultimate destination of being a secular nation. To accord, the same treatment to all religions, majority or minority, the drafters of the Constitution inserted Article 44 to bring a Uniform Civil Code (UCC) to govern the citizens of personal matters, irrespective of religious beliefs. However, there have been several conflicting opinions of the judicial bodies, legislative and executive in terms of bringing this ideology a reality. Multiple religious beliefs are in violation of human rights but are still in practice, hiding behind the veil of religion. The UCC, would bring every person under the rule of the same law. There is a belief that such a statute would cause multiple disagreements between various religions of our country, but this law will throw light upon the positivity brought out by religions and vanquish the negativity.

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