WOMEN EMPOWERMENT THROUGH PERSONAL LAW LEGISLATIONS

The Family unit and the relations of women with the family are at the core what we call family law or personal law. In India different laws govern this thorny and closed off terrain of law, namely, the Hindu Marriage Act, 1955, The Hindu Succession Act,1956, The Special Marriages Act1954, The Indian Christian Marriage Act, 1974, The Muslim Women (Protection of Rights on Divorce) Act, 1986 and many more. The clear Picture that can be drawn here that the multitudes of women in India do not have recourse to the same law for their Personal Law rights. This Discrepancy has been noted by the Court Time and again and the Supreme Court has on multiple occasions[1] urged the Central government of India to frame a Uniform Civil Code[2]. The Recent judgment[3] of the Supreme Court has banned the practice of Triple Talaq which was termed as regressive by the NGO's fighting against it. The government of India in a rare show of action had presented an Act to criminalise the practise.. Not only this, the practices of Polygamy in Muslim marriage and Nikah Halala are also being challenged in the court[4]. These are perhaps early and positive signs of movement towards the framing of an Uniform Civil Code. Its, however, also apparent prima facie that only judicial decrees and Legislative Acts are not the cure for all social evils, what is needed is a deep study of why and how the landscape of law has developed in this peculiar way and what exact reforms can lead a hidebound society towards bettering itself and recognizing the Personal rights of women of all religions. The paper thus attempts to map out whether women, who are at the centre of many if not all personal law legislations, are empowered from these same legislations or not.

 

Keywords: Women Empowerment, Legislation, Hindu Marriage Act, NGO's, Uniform Civil Code.

 

[1]       In SarlaMudgal v. Union of India (1995)3 SCC 63, the Supreme Court had directed the then Prime Minister Mr. Narsimha Rao to take a fresh look at Article 44 of the Indian Constituopn which provides for the state to secure personal rights through a Uniform Civil Code. Then in Daniel Latifi v, Union of India AIR 2001 SC 3262 and John Vallamatton v. Union o India AIR 2003 SC2902, the Supreme Court expressed regret that Article 44 remained a dead letter and no Uniform Civil Code had materialised yet.

[2]       Article 44 of Part IV (Directive Principles of State Policy ) of the Indian Constitution enshrines that State shall give effect to a Uniform Civil Code.

[3]       ShayaraBano v. Union of India and  Others

[4]       https://timesofindia.indiatimes.com/india/after-triple-talaq-centre-targets-nikah-halala-and-polygamy/articleshow/64800186.cms, last accessed on 11:05 AM, 2-07-2018


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