Personal Laws vs Need of Uniform Civil Code in India | Original Article

ABSTRACT:

Under International law, a State that ratifies an International instrument becomes legally bound to implement its provisions. Accordingly India having ratified the International Covenant on Civil and Political Rights, 1966, and International Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979, is bound to enforce the relevant provisions and ensure gender equality under its national laws. However, women in India under Hindu, Muslim and Christian laws continue to suffer discrimination and inequalities in the matter of marriage, succession, divorce and inheritance. So as a step towards a gender just code, the personal laws of various communities in India need a closer look and reform, not only in compliance with the Indian Constitution but also as per the provisions of the International law. Prevalence of discrimination against women under various personal laws of different communities in India was openly accepted by India in its periodic report before the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) when it admitted, “The personal laws of the major religious communities had traditionally governed marital and family relations, with the Government maintaining a policy of non- interference in such laws in the absence of a demand for change from individual religious communities.” India has been submitting periodic compliance reports vis-à-vis the implementation of the CEDAW, to this committee. This committee expects India’s compliance to the provisions of the said International instrument and noted that “steps have not been taken to reform the personal laws of the different religious and ethnic groups, in consultation with them, so as to conform to the Convention,” and warned that “the Government’s policy of non-intervention perpetuates sexual stereotypes, son preference and discrimination against women.” The committee also “urged the Government to withdraw its declaration to Article 16, Paragraph 1 of the convention and to work with and support women’s groups and members of the community in reviewing and reforming these personal laws” and expected the Government “to follow the Directive Principles in the Constitution and the Supreme Court decisions and enact a Uniform Civil Code that different ethnic and religious may adopt.