In India, the proposed Uniform Civil Code (UCC) seeks to harmonize personal laws related to marriage, divorce, adoption and inheritance across all religions. However, women’s property and inheritance rights are the two key facets of all-time disputes and debates as they vary significantly under various religious and personal laws thereby forming the central issue of UCC discussions. It is in this context that the paper provides a critical analysis of how the Uniform Civil Code (UCC) could affect women's right to property and inheritance. Further, in the light of existing gender disparities this paper also examines the current personal laws governing property rights for women, various challenges posed by these laws and whether the proposed UCC ensure equitable rights for women across all religious and cultural lines. The proposed UCC, if implemented in India, would enhance women’s access to property and inheritance rights by eliminating gender disparities existing in personal laws. A comprehensive study and discussion of personal laws, without undermining the secular fabric of India, should precede the implementation of the Uniform Civil Code (UCC). Codifying the UCC in light of gender justice and with the objective of uplifting women’s status can lead to more equitable inheritance rights. Lastly, women’s right to inherit property should be made equal to that of men, irrespective of the religion or community they belong to.

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Women’s Property and Inheritance Rights: A Critical Analysis of the Proposed Uniform Civil Code in the Light of Gender Disparity

  • O. K. Deepa Raj,
  • V. Shyam Kishore

摘要

In India, the proposed Uniform Civil Code (UCC) seeks to harmonize personal laws related to marriage, divorce, adoption and inheritance across all religions. However, women’s property and inheritance rights are the two key facets of all-time disputes and debates as they vary significantly under various religious and personal laws thereby forming the central issue of UCC discussions. It is in this context that the paper provides a critical analysis of how the Uniform Civil Code (UCC) could affect women's right to property and inheritance. Further, in the light of existing gender disparities this paper also examines the current personal laws governing property rights for women, various challenges posed by these laws and whether the proposed UCC ensure equitable rights for women across all religious and cultural lines. The proposed UCC, if implemented in India, would enhance women’s access to property and inheritance rights by eliminating gender disparities existing in personal laws. A comprehensive study and discussion of personal laws, without undermining the secular fabric of India, should precede the implementation of the Uniform Civil Code (UCC). Codifying the UCC in light of gender justice and with the objective of uplifting women’s status can lead to more equitable inheritance rights. Lastly, women’s right to inherit property should be made equal to that of men, irrespective of the religion or community they belong to.