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gender justice

THE UNIFORM CIVIL CODE OF UTTARAKHAND: A LEGAL & CONSTITUTIONAL ANALYSIS

THE UNIFORM CIVIL CODE OF UTTARAKHAND: A LEGAL & CONSTITUTIONAL ANALYSIS Manik Tindwani Download Manuscript doi.org/10.70183/lijdlr.2024.v02.56 The Uniform Civil Code (UCC) in India, as envisioned in Article 44 of the Constitution, seeks to unify personal laws across diverse communities to ensure equality and justice. The Uttarakhand UCC, 2024, represents the first state-level implementation of this vision, sparking intense debate over its constitutionality, inclusivity, and social impact. This paper critically examines the Uttarakhand UCC’s legal framework, highlighting its progressive elements such as prohibitions on polygamy and child marriage, equal inheritance rights, and mandatory registration of live-in relationships. However, it also exposes significant limitations, including exemptions for Scheduled Tribes, the perpetuation of gender biases in marriage age, and controversial regulatory provisions on personal relationships. The research emphasizes the Code’s potential to conflict with central laws, infringe on fundamental rights, and undermine India’s pluralistic ethos. By analyzing the Uttarakhand UCC in the context of Goa’s Portuguese Civil Code and historical UCC debates, the paper underscores the challenges of implementing uniform laws in a diverse society. It advocates for gradual and inclusive reforms to address discriminatory practices in personal laws, promoting gender justice and social harmony while respecting cultural diversity. Ultimately, the paper calls for an iterative, participatory approach to UCC implementation, balancing equality and individual freedoms with India’s constitutional values of secularism and diversity. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 302-337. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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GENDER INEQUALITY AS A HUMAN RIGHTS ISSUE: ROLE OF CUSTOMS AND BELIEFS IN OPPRESSION OF WOMEN

GENDER INEQUALITY AS A HUMAN RIGHTS ISSUE: ROLE OF CUSTOMS AND BELIEFS IN OPPRESSION OF WOMEN Adhila Fathima.I, Student of Chennai Dr. Ambedkar Government Law College. Download Manuscript ABSTRACT Human rights deal with various issues like trafficking, refugees’ crisis, labourers problems, genocide, war crimes, sexual crimes, lgbt rights and many more. However, the gender inequality problem has been one of the issues that has existed for a considerably long period. Even in this modern era, it is not accepted by the ‘whole’ world that gender equality is a human right. India faced various dimensions in gender justice. There are a lot of changes in the number of rights given without any gender biases provided before and now in India. Because when it comes to the context of India, it is said as one of the countries which was underdeveloped in the past for various reasons, however one of the causes was the setup of patriarchal society of India. In this article it is discussed about the status of gender equality in the past and the legal changes brought up. There is a role of customs, beliefs and practices for the unempowered situation of women of India. Culture and religion are treated as crucial institutions in Indian society. Thus, are any beliefs followed in the society being a cause of Gender inequality? If it is, then what are the practices that bring underdevelopment to women and what legal implications are there? These are the matters which are to be analysed in this article. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 194-207. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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