Critically analyse debates around the implication of personal laws for women in India. Take any one context (for e.g. Hindu Code Bill/Uniform Civil Code/Triple Talaq ) to discuss the relevance of personal law in contemporary India. Use news paper articles and/or research papers to substantiate your answer.
MA Degree in Women’s and Gender Studies(MAWGS)
Women’s Studies Specialisation
(July 2017-18 Academic Year)
MA DEGREE IN WOMEN’S AND GENDER STUDIES
Solved ASSIGNMENTS for MWG 005 & 009 (2017-18 Academic Year)
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Course Code : MWG 009
Course Title : Women and Social Structure
Assignment No. : MWG 009/AST/TMA-2017
Maximum Marks : 100
Note: The assignment has two sections. All the sections are compulsory.
Please write your answers in your own words. Assignments with
plagiarized material will not be accepted. Please read statement on
Plagiarism in the Programme Guide.
(Part I: Total marks 80, 40 marks for each answer)
Part I: Attempt any two of the following questions from part I. Minimum
1000 words for writing one answer.
Q.1. Critically analyse debates around the implication of personal laws for
women in India. Take any one context (for e.g. Hindu Code Bill/Uniform Civil
Code/Triple Talaq ) to discuss the relevance of personal law in contemporary
India. Use news paper articles and/or research papers to substantiate your
The discussion of a Uniform Civil Code has nothing to do with sexual orientation equity. It has altogether to do with a Hindu patriot motivation to “train” Muslims
For almost eight decades, the ladies’ development has examined and talked about the attractive quality and possibility of a Uniform Civil Code, and has wound up suggesting a basic conversation starter — what is the estimation of consistency? Is it for the “uprightness of the country” that consistency in laws is required, as some legal professions have recommended? Assuming this is the case, who precisely is the recipient? Which areas of individuals advantage from “respectability of the country”, that conceptual element which is not precisely at the highest point of your psyche as your significant other tosses you out in the city?
Or, then again are uniform laws intended to guarantee equity for ladies in marriage and legacy? All things considered, a Uniform Civil Code would essentially assemble the best sexual orientation just practices from every single Personal Law. So yes, polygamy and discretionary separation would be banned (an element got from Hindu Personal Law). Yet, on the other hand, as women’s activist lawful lobbyist Flavia Agnes has frequently called attention to, a Uniform Civil Code would require the nullification of the Hindu Undivided Family, a legitimate establishment that gives tax cuts just to Hindus, and all subjects of India would need to be represented by the to a great extent sex simply Indian Succession Act, 1925, presently material just to Christians and Parsis.
A stick to beat Muslims with
Muslim Personal Law is as of now present day in this sense, since it has since the 1930s cherished individual rights to property, not at all like Hindu law, in which the family’s normal condition is thought to be “joint”. In the times of the 1940s, as opposed to later talks about Muslim law being in reverse, it was Hindu laws that were viewed as “in reverse” and waiting be brought into the cutting edge universe of individual property rights.
Once more, since the Muslim marriage as contract ensures ladies preferred in the event of separation over the Hindu marriage as holy observance, all relational unions would need to be thoughtful contracts. Mehr, in Muslim Personal Law, paid by the spouse’s family to the wife upon marriage, is the selective property of the wife and it is hers upon separate, offering her a security Hindu ladies don’t have. Thus, the Uniform Civil Code would make the act of mehr necessary for all while abrogating endowment.
The patent craziness of these proposals emerges not from the thoughts themselves, but rather from the reality, perceived by everyone, that the discussion of a “Uniform Civil Code” has nothing to do at all with sex equity. It has altogether to do with a Hindu patriot motivation, and is up there with the hamburger boycott and the sanctuary in Ayodhya. A Uniform Civil Code is intended to train Muslims, show them (in the event that they didn’t have any acquaintance with it as of now) that they are peasants, and that they inhabit the leniency of “the national race” (the Hindus), as M.S. Golwalkar proclaimed.
The main problem of sex equity
So let us suggest the conversation starter in an unexpected way — who endures without a Uniform Civil Code? Is it Muslim ladies, casualties of polygamy and triple talaq, as Hindutvavadi insight has it? In any case, for quite a long time, women’s activist legitimate practice has effectively utilized both the Protection of Women from Domestic Violence Act, 2005 — that is accessible to every Indian national paying little heed to religious personality — and in addition the Muslim Women (Protection of Rights on Divorce) Act, 1986, to manage polygamy and triple talaq, and to acquire upkeep, youngster authority and rights to wedding home for incalculable Muslim ladies. Also, women’s activist legitimate activists have utilized the historic point Shamim Ara v. Territory of U.P. (2002) decision to brace their claim that discretionary triple talaq is invalid.
Also, polygamy is not selective to Muslims. Hindu men are polygamous as well, with the exception of that since polygamy is lawfully restricted in Hindu law, ensuing spouses have no lawful standing and no security under the law. Under Sharia law, in actuality, ensuing spouses have rights and husbands have commitments towards them. On the off chance that sexual orientation equity is the esteem we embrace, as opposed to monogamy essentially, we would be pondering how to secure “spouses” in the patriarchal establishment of marriage. “Spouses” are delivered through the establishment of mandatory hetero marriage, the premise of which is the sexual division of work. This establishment is managed by the gainful and regenerative work of ladies, and all ladies are solely prepared to be spouses alone.