The paper is aimed at explaining the concept of “Uniform Civil Code towards Gender Justice.’’ A civil code may be a set of laws that governs the rights concerning property as in personal matters like divorce, marriage, adoption, inheritance, etc. Article 44 of the Indian Constitution mandates the implementation of uniform civil laws for personal laws. While enactment of this civil code is restricted under it being a non-binding Directive Principle of State policy and the jealous resistance of critics who cite the compromise of religious identities of minorities. This leads to overlooking objectivity and pragmatism during fervent deliberations on this code.
Despite the constitution’s emphasis on equality and justice for all, is a true sense of equality truly afforded to women? In India, women make up nearly half of the population but continue to face the effects of a patriarchal society that is upheld by tradition, religion, and culture. In Indian society, women were placed in a subordinate position to men due to traditional, religious, and cultural beliefs. As a result, women had to struggle for equality, liberty, and justice. Frequently, women are subject to victimization and neglect. Religion, however, has been a significant obstacle in acknowledging women’s rights both within the family and in society. Women have been subjected to bias based on their gender, causing them to be marginalized. The Constitution upholds gender equality as an ideal that can be attained through specific affirmative measures.
This paper is an attempt to relate the question of gender justice and equality to the issue of the adoption of a uniform civil code, its need, and its relevance for enactment throughout the territory of India.