UCC and Gender Equality

Dr. Shivli Shrivastava
Assistant Professor
Faculty of Law
Kalinga University
The Uniform Civil Code (UCC) in India is a proposed set of laws that would replace personal laws based on religious customs with a common set of civil laws that apply to all citizens, regardless of their religion, caste, or community. It means people of all castes and communities will be governed by the same legal provisions of civil law. It is required so that the different personal laws can be repealed and the discriminatory provisions against women can be removed.
Gender Equality and discriminatory provisions under personal laws: Under the Muslim Personal Law practices like polygamy and the right of men to unilaterally divorce their wives (through talaq) have been criticized for perpetuating gender inequality.
In Hindu law, despite advancements such as the Hindu Succession Act, which gives women equal rights to inherit property, many women still face significant social barriers to fully exercising these rights.
Christian and Parsi personal laws also have outdated provisions, with some women not being able to access equal rights in the family context (e.g., in matters of divorce or inheritance).
Rights of women and UCC:
Marriage and Divorce: A uniform law could ensure that all women, regardless of religion, have equal access to divorce, alimony, and maintenance. Currently, under Muslim personal law, a woman may find it difficult to secure a fair divorce or alimony, while Hindu women generally have better access to such rights.
Inheritance: The UCC could standardize inheritance laws to ensure that women inherit property equally as men. While the Hindu Succession Act, 1956, has granted women the right to inherit ancestral property, many women still face challenges in accessing their inheritance due to social and cultural biases.
Polygamy and Triple Talaq: A UCC could end discriminatory practices such as polygamy and triple talaq, which disproportionately affect women’s rights to equality and dignity.

Progress in Gender Equality Without UCC:
Despite the absence of a UCC, India has made significant strides in promoting gender equality in recent years. Laws like the Protection of Women from Domestic Violence Act (2005), the Sexual Harassment of Women at the Workplace Act (2013), and the Criminal Law (Amendment) Act (2013), which strengthened laws on sexual assault, have improved women’s rights and protection.
Judicial activism has also played a role in advancing gender equality, with courts intervening in cases of discrimination. The Supreme Court has made several landmark judgments on issues like right to live with dignity, consent in marriage, and equal pay for equal work.