3.

Gender Issues in Post-Independent India

Gender based differences and prevalence of violence has taken place not
only in India, but in other countries of the world. Gender issues are regarded as
a serious problem that has been experienced by women. In some cases, when
women and men, both are employed in organizations, women are not given
equal pay as men for the performance of same job duties, hence, they
experience discrimination in terms of pay. Women are not employed in manual
jobs, as it is believed that they do not possess the capabilities to perform manual
jobs. Hence, men were assigned manual job duties. On the other hand, men
consider themselves to be more capable as compared to women and abuse and
mistreat them. Research has indicated that individuals, who are not educated,
who are residing in the conditions of poverty and backwardness are the ones,
who mistreat women. Whereas, educated individuals, who are engaged in
reputed jobs, normally treat women on an equal basis.
4. Political Participation of Women
In India, women acquired the right to vote, after the country achieved its
independence. In India, women did not have to undergo problems and
challenges in seeking the right to vote as compared to women in America and
Britain. The leaders of India, Mohandas Karamchand Gandhi and others had put
emphasis upon mass participation in the country’s struggle for independence.
When the large number of women came together, they expressed their concern
in the legislative assembly as well. The number of movements that were
initiated for independence also gave opportunities to women to participate. The
political participation of women is further strengthened by their participation in
the Parliament and Lok Sabha. They constitute 10 percent of the legislators
according to the 1955 International Parliamentary Union in the Parliament and
at the Lok Sabha (Status/Position of Women in Society, n.d.).
5. The Condition of Women In Relation To Different Personal Laws[1]
 Marriage age: Hinduism considers marriage ceremonies to be over if all
customary rites and rituals have been performed. Muslim marriage is seen
as a straightforward civil contract rather than a sacrament, where there is
absolutely no obligation for any kind of religious ceremony, Christian,
Hindu, and Parsi marriages are considered to be sacrosanct.
According to Section 5(iii) of the Hindu Marriage Act, 1955, a guy must be
twenty-one and a girl must be eighteen to be legally wed.
The case is the same under Christian personal law and the Special Marriage Act,
that the age of marriage for women is 18 and above, while the age of marriage
for males is 21 or above. The situation is worse in Muslim law, which
recognises a minor’s marriage as valid when they reach puberty in India.
We can notice that the age at which women can get married is lower than the
age at which males can get married. The commonly held belief that the wife
must be younger than the husband is only strengthened by this. Not only is this
unjust, but it also goes against the ideals of our constitution’s Article 14, which
guarantees everyone the right to equality. The insistence on recognising
differing ages of marriage between consenting adults must be eradicated for
equality in the genuine sense.
Prohibition of Child Marriage Amendment Bill, 2021 is a huge leap forward in
his scenario as it amends the Prohibition of Child Marriage Act of 2006 to raise
the minimum age for female marriage to 21 years. Furthermore, the Bill
supersedes any other law, tradition, or practice.
 Adoption: According to Section 8 of The Hindu Adoptions and
Maintenance Act, 1956[14], which mandates that women obtain their live
husband’s agreement before adopting a child, this requirement is
discriminatory and does not uphold the constitutional ideal of morality
and equality. Articles 14, 15, and 21 of the Indian constitution are broken
when women are prohibited from adopting without the husband’s
permission.
In accordance with Muslim law, the father is the child’s guardian even though
the mother may have custody. Granting him the authority to make any choice
about the child’s destiny. He gets the last say in all decisions affecting the
child’s future, including those involving marriage or schooling.
 Inheritance Rights: According to the Hindu Succession Act, 1956 which
regulates the succession and inheritance-related laws for Hindus, along
with Jains, Buddhists, and Sikhs, the woman is entitled to a share in
property as any other living heir would be. The Hindu woman also has
the complete right to inherit the entire estate if there are no other sharers.
However, this was not always the case. In 2005, the Hindu Succession
Act was revised to allow women to become coparceners, which means
members of a Hindu family who have an undivided ownership of the
ancestral property through birth. In Vineeta Sharma versus Rakesh
 Sharma[2], the Supreme Court ruled that daughters whose fathers died
intestate before the Hindu Succession Act was amended have equal rights
to property. According to the Supreme Court, the daughter is entitled to
an equal share of her father’s property by birth.
Islam permits up to four wives, hence in accordance with Muslim Personal Law,
a woman’s husband may be held accountable if he ever treats his wives unfairly.
She is entitled to get the same payment as his previous marriages. Wives
without children are entitled to one-fourth of the property, whereas those with
children are entitled to one-eighth.
The Indian Succession Act governs the Christians. As the provisions under this
act are gender-neutral it is ensured that both heirs inherit equally.
 Divorce:
A Hindu woman can seek divorce on the following grounds:-
 If the husband has been proven to have committed rape, bestiality, and
sodomy.
 If the marriage takes place before the Hindu marriage act and the husband
marries again while the first wife is still living, the first wife has the right
to divorce.
 If a girl is eligible for divorce and was married before the age of fifteen
and renounces the marriage before the age of majority which is 18.
 If there has been no consummation for one year after an order for
maintenance under Section 18 of the Hindu Adoption and Maintenance
Act or the Criminal Procedure Code 125 (Criminal Procedure Code 488
in order code) has been issued against the husband, the wife may seek
divorce.
A Muslim woman can ask for a divorce on the grounds given below:-
 If the husband has not paid his wife’s maintenance for at least two years.
 If the husband has not been located for four years.
 If the husband has been imprisoned for seven years or more.
 If the girl marries before the age of 15 and wishes to divorce before the
age of 18, she may do so.
  If the husband engages in cruel acts.
 if the husband fails to fulfil his marriage commitments
A Christian woman can seek divorce on the following grounds:-
 Adultery
 Conversion to a different religion
 If one of the spouses has been suffering from insanity, leprosy, or a
communicable venereal illness for at least two years prior to the divorce
petition.
 If the husband has not been seen or heard from in seven years or longer.
 If the husband fails to comply with the restitution of conjugal rights for at
least two years.
 If a person engages in cruelty
 If a husband is held to be guilty of bestiality, sodomy, or rape.
Adultery/Polygamy can be a reason for divorce in both Christian and Hindu
personal law, but not in Muslim personal. This represents a substantially worse
situation for women in Muslim households. Talaq-e-biddat is a religious
practice in which a man can divorce his wife by repeating the word ‘talaq’ three
times. The practice can be carried out without the wife’s consent. Not only is
this unjust, but it also denigrates women in a way that oppresses them. Talaq-e-
biddat was rightfully held unlawful in the case of Shayara Bano vs Union of
India[3], often known as the Triple Talaq Case. It was clearly seen as an
infringement of the fundamental rights guaranteed to women in Articles 14, 15,
21, and 25 of the Constitution.
6. Directive Principles of State Policy
To put it simply, DPSPs are the guidelines for the government that tell them
how to govern properly. The end goal of DPSPs is to establish a welfare state.
Article 44 of DPSP talks about UCC or uniform civil code which essentially
means that all religions will follow the same laws. Women, who make up about
half of the population of India, continue to call for a gender-just law so that they
can experience justice and equality regardless of the religion to which they
belong. It can only be accomplished by creating a single civil code that places a
positive focus on gender equality and human rights. However, UCC is yet to be
achieved in India.
Efforts that are made to slowly inch towards a Uniform Civil Code:-
 The Special Marriage Act of 1954 allows any citizen, regardless of
religion, to get married in a civil ceremony, allowing any Indian to wed
outside the purview of any personal religious law.
 In the 1995 Sarla Mudgal[4] decision and the 2019 Paulo Coutinho v.
Maria Luiza Valentina Pereira[5] case, the Supreme Court likewise
urged the government to apply the UCC.

7. Uniform Civil Code(UCC) and Gender Equality

The chairman of the Law Commission of India, Justice B.S. Chauhan, recently
stated in an interview that the Uniform Civil Code will guarantee gender
equality and justice. He said that if any changes are made to the UCC, they
should not interfere with religious freedom since the Law Commission is now
gathering input on the matter from many parties. But the fundamental query
behind it is whether or not UCC reform and religious freedom can coexist?
There are two possible courses of action: either all personal laws should be
codified and brought into compliance with basic rights, or the UCC will replace
all personal laws with new legislation. AIMPLB has lately abstained from
responding to the Law Commission of India's inquiry, indicating their
dissatisfaction with UCC; in contrast, the Hindu Mahasabha, RSS, and Viswa
Hindu Parishad have been vocal in their support of UCC. Therefore, different
organisations are not in agreement over UCC. There are rumours that UCC is
used as a club to beat minorities, particularly Muslims.
Within the state of Goa, the Goa UCC peacefully coexists with a number of
personal laws. They don't both stand for either/or options. Therefore, if it is
approved, UCC will be an option, much like the Special Marriage Act. It is
protected under the Constitution's Articles 25 and 26. Nonetheless, both pieces
touch on issues of public order, morality, health, and social justice and equality.
As a result, traditions like caste prejudice, polygamy, triple talaq, and sati may
be outlawed.[2]
There is a close relationship between gender justice and UCC. A number of
modern problems, including freedom, secularism, and religion, are impeding the
justice and equality of women. Personal laws have many provisions that
discriminate against women. In our country, UCC is required to protect
women's rights and interests. Additionally, Article 44 of the Constitution
provided guidelines for implementing the UCC. Why can't all Indian citizens,
regardless of caste, be covered by a uniformly applicable UCC in our country?
No personal law is the same for any group because different groups are subject
to different laws. For example, In India, Christians are subject to the Cochin
Christian Succession Act 1921, the Indian Christian Marriage Act 1989, the
Indian Divorce Act 1969, and other laws, while Parsis are subject to different
laws.
As far as we are aware, 1955 and 1956 saw the codification of Hindu law.
Before then, Hindus were highly likely to be polygamous. According to Hindu
law, the only states where a woman can be a coparcener are Andhra Pradesh,
Maharashtra, Karnataka, and Tamil Nadu. In addition, Hindu women are not
granted the same rights during partition as Hindu men. Even though she is the
legal heir, she cannot claim partition in dwelling house cases. [3] Hindu women
who are married are not generally allowed to adopt children on their own.
Throughout her husband's life, she is unable to act as their natural guardian.
That being said, numerous provisions that discriminate against women persist
even after Hindu law was codified. A Christian is not allowed to leave any
property to charitable or religious trusts, according to discriminatory provisions
in the Indian Succession Act that the Supreme Court recently brought to light.
Compared to other personal laws, women's status is substantially worse under
Muslim law. Muslim women had a lower status than Muslim men in all spheres
of life prior to the Arabic era. Muslim women are granted equal rights in every
way by the Quran, along with a respected status. However, Muslim women still
do not have access to the equal rights outlined in the Quran even now. The main
cause of this is the absence of codification in Muslim law. As a result, various
subgroups have diverse interpretations of Islamic law.
A Muslim male is allowed to marry four times. That implies that polygamy is
permitted by Islamic law. Additionally, the Muslim Shia community recognizes
mutta marriages, which are transient unions. However, Muslim women's
circumstances are the worst when it comes to divorce. The instant kind of talaq,
known as talaq-e-biddat, is recognized by Sunnis. In this case, talaq took effect
as soon as the husband said it three times in a row. It's an unchangeable form of
talaq.[4] Even though the Prophet Muhammad disapproved of it, the majority of
Muslim men nevertheless follow it because different scholars have given
different interpretations of Muslim law. So, in order to safeguard women's
interests, UCC must be implemented immediately in our nation. A Muslim man
can inherit twice as much property as a Muslim woman, even in matters of
succession. If a Muslim woman is eligible for maintenance, she cannot continue
to receive it after the iddat period. Do Muslims have to abide by Section 125 of
the Cr.P.C? Muslims are also covered by Section 125 of the Cr.P.C. and the
Shah Bano case ruling specifies that Muslims are still eligible for maintenance
after the iddat period. However, the Muslim Women (Protection of Rights on
Divorce) Act, 1986 was passed in an attempt to overturn the decision made in
the Shah Bano case. Maintenance is available to Muslim women who are
alive after this act is passed, up until the iddat period, unless she and her spouse
register their desire to have the laws of the Commonwealth applied to them at
the appropriate time. Nevertheless, subsequently, in Daniel Latifi's case, the
Supreme Court held once more that Muslims are covered by section 125 of the
Cr.P.C. and deemed the act unconstitutional.

8. CONCLUSION
The status of women in post-independence India has been undergoing changes.
The population of women is regarded as almost half of the total population in
India. A country or the community cannot be considered civilized, where a
woman is not respected and treated with courtesy. In India, there have been
formulation of laws and measures that have promoted empowerment
opportunities among women. The main areas, which are considered vital and
which have enhanced the status of women are, usage of technology, educational
opportunities, employment opportunities and prevention of criminal and violent
acts. In post-independent India, women are progressing. Empowerment
opportunities are being created for them that are rendering a significant
contribution in leading to their progress. But women in some cases are not
treated equally to men and are considered as liabilities. This viewpoint is
usually prevalent among the individuals, belonging to rural communities. They
possess the viewpoint that girls should be trained in terms of implementation of
household responsibilities and education is not meant for them.
There can be no true equality without gender justice. Women who nearly make
up half the Indian population are treated as second-class citizens, having to face
various disadvantages, discrimination, and inequality. Women in this century are
calling for treatment on par with their male counterparts. Individual women
from diverse cultures have brought legal claims against the constitutionality of
personal laws’ discriminatory elements.
The suggestion -The government should consider preserving the variety of
personal laws as religion and Personal Laws are closely interlinked, while also
making sure that they do not conflict with the basic rights protected by the
Indian constitution in the absence of an agreement of UCC.
Currently, the only group opposed to any attempt to impose UCC in our nation
is the Muslim community itself. In their eyes, UCC was attacking their right to
practice their religion. Though many other Islamic countries have done so, why
can't Indian Muslims amend their private laws that were passed in the 1930s?[7]
The Constitution is the highest law in India, a secular nation. The Constitution
supersedes personal law, no matter how sacred it is. Should a codified civil law
system be implemented in the nation, Indian Muslims should not object if there
already exists a secular criminal code that they recognize, despite it not being a
sharia law.

UCC is crucial to our nation because it will advance gender equality and justice.
Additionally, as stated in our constitution's Preamble, it will uphold integrity
and unity. However, Article 44 of the Indian Constitution must become
enforceable before this can be accomplished.

In India, various religious communities have their own civil law customs related
to marriage, adoption, and other matters. These communities include the Hindu,
Mohammedan, Christian, and Parsi communities. However, there isn't a single
family law in India that applies to all of the country's religious groups. Ensuring
that every individual receives the dignity they deserve is the primary goal of
UCC. Every human being is not treated with dignity by personal laws in a
number of ways. The main aim of UCC is to unite by nationality and not to
divide by religion.