Personal Laws affecting Women and Special Emphasis on Uniform Civil Code
Religion has always been a course of action when it comes to suppressing women and showing them inferiority from men in society. It has been always way too facile for society for discrimination, atrocities, and whammy against women. Melancholy is that all these religious rights and laws have been interpreted by a human creature only just to satisfy their malevolence intentions towards this woman's gender.
What is Uniform Civil Code?
The concept is simple: 'ONE NATION, ONE LAW.' Our Constitution defines the Uniform Civil Code (UCC) in Article forty-four of the Directive Principles of State Policy. It stipulates that the state must ensure that the voters have access to a uniform Civil Code throughout India's territory. In other words, it implies that one nation, one regulation, allows us to learn more about the Uniform Civil Code, its benefits and drawbacks.
The Uniform Civil Code establishes a set of laws to address the concern of all voters, regardless of faith, and to ensure that their basic and constitutional rights are safeguarded.
Why is it critical to discuss and address UCC?
Deliberation on religious rights of women is a topic that requires special attention towards this topic when it comes to women empowerment since religion is an everlasting part of our lives that attach with us forever and also, function as a cicerone in our lives. This makes it way too difficult for women and also most of the time becomes a hindrance when it comes to choosing their rights and duties that they are supposed to be performing in society.
Why do we need a Uniform Civil Code?
To eliminate the plethora of religion-related lawsuits in court, as well as to reduce the strain on the courts and pending cases; emphasis on eradicating all types of discrimination against women purely based on their religions.
Women should not be subjected to further suffering or persecution simply because they are female and belong to a certain faith. As a result, those women cannot be classified as a vulnerable category in society. It is critical to establish UCC as central legislation throughout the country, not only in Goa, to put a stop to these SACRED GAMES ON THE WOMAN.
Adverse strike of Personal laws on women
Personal laws create discrimination and adversely affecting women’s life choices in plenty of ways such as:
Before the 2005 September 5 modification to the Hindu succession laws, women were not allowed the same property rights in the family as the son. Following these amendments, daughters were granted equal coparcener rights as sons in the same amount from birth. Personal laws are often seen as one of the causes for not providing equal inheritance rights to women compared to men.
Halala means legal or lawful, but when it is added after nikah, i.e. NIKAH HALALA, it greatly affects the meaning of the word because this is one of the heinous practices that many Islamic believers have followed, which completely sabotages a woman's soul and traumatizes her for the rest of her life; this is pure violence against women.
Nikah Halala is an Islamic tradition in which a woman must marry someone other than the divorced husband before remarrying the divorced husband. Only after having sexual relations with the person and divorcing him may a woman marry the divorced husband. Why is triple talaq granted by males but confronted by women as a deterrent?
Proclamation of Temple Entrance
Women are frequently prohibited in several pilgrimages just because they are women; menstruation is the primary reason for this since it is deemed unclean, as is the curse bestowed upon women, which is very ridiculous. How could any biological element be the source of the curse? Often, women are not permitted to engage in particular activities during their menstrual cycle.
No one should be denied the right to worship because of their gender. This is a blatant violation of the Indian Constitution Act Articles 14 and 18.
Female Genital Mutilation
It is one of the cruellest and repulsive rituals that has been done for years and has nothing to do with any religious setting. FGM is commonly performed in Islam, Christianity, and Jews.
It has no beneficial effects; in fact, it can create many more health problems, including extreme bleeding and urination problems, as well as cysts, infections, troubles in delivery, and a higher chance of neonatal mortality. FGM is a procedure that involves the entire or partial removal of the external female genitalia, as well as various female genital injuries.
The above mentioned are the very few of those heinous practices which have been followed by people who blindly and maliciously harm women in the name of God.
Essence Behind Every Holy Book
Neither God nor Religious belief encouraged us to discriminate and barbaric to any species on this planet, it has not been introduced or broach in a holy book or neither any god whether it's God, Allah, Guru, Bhagwan or Universe.
With our malignancy, we as humans have twisted God's word and completely distorted its true meaning. We, humans, exploit women in the guise of religion, and they are the ones who suffer and made this beautiful experience for women very much excruciating.
No holy book or any prophets said to suppress the women and discriminate them or to make their lives hell. In the name of their religion, people impose unwanted and cruel practices and laws on women by interpreting them to make it so hard to even breathe sometimes which is completely inhuman and obnoxious. Almost every holy book says to serve humanity and believing in helping the world.
Implementation and enforcing Uniform Civil Code will ensure that there's one primary law all over the country irrespective of their gender, religion, caste, creed and whatsoever, this will bring the actual meaning of secularism because it does not hinder anyone to profess, propagate, practising their traditional country. It will secure and guarantee that every single woman in this country gets equal rights in terms of Guardianship, Marriage, Divorce, Inheritance rights, adoption rights.
Hence, the Uniform Civil Code aims for EQUALITY FOR ALL.
'BE THE CHANGE YOU WANT TO SEE IN THE WORLD',
Highly well said if we want to bring the change we have to overcome the fear of superstition since it's a delusion. Before any law, we have to change our mindset to achieve it utterly.
About The Author
Palak is a law student from Amity Law School, Noida. Her goal is to bring change and eradicate inequality in the society and make it a better place to live in for every kind and demolition of patriarchy mindsets and one of them very experienced is gender inequality.
Palak Kaushik Limitless Stree Member