Uniform civil code and its impact on child marriage
By: Anand, Shatakshi
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Material type: 
BookPublisher: Bihar Journal of Public Administration Description: 17(1), Jan-June, 2020: p.161-169.Subject(s): Domestic relations - India, Legal polycentricity - India, Child marriage, Personal laws, Gender discrimination, Uniform civil code, Human rights
In:
Bihar Journal of Public AdministrationSummary: India is a country where more than 23 million child brides are reported and yet the courts and parliament dread to intervene in the matter on the pretext of personal laws. Are personal laws beyond the scope of Right to Life and Dignity of a person? India’s plural legal system especially with regard to personal law in general and child marriage in particular has made India a breeding ground for various gender discriminations. The tussle between the national legislation applicable to every citizen of our country irrespective of their religious affiliation and the personal laws has resulted in widespread ambiguity in the field of child marriage, leading to violation of constitutional and other internationally protected human rights of women. A positive intervention from the government is required to eliminate any anomalies from child marriage provisions. The paper is a humble attempt to highlight the impact of bringing personal laws within the jurisdiction of fundamental rights and the need of a uniform civil code especially in the field of child marriage. – Reproduced
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Articles
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Indian Institute of Public Administration | 17(1), Jan-June, 2020: p.161-169 | Available | AR124495 |
India is a country where more than 23 million child brides are reported and yet the courts and parliament dread to intervene in the matter on the pretext of personal laws. Are personal laws beyond the scope of Right to Life and Dignity of a person? India’s plural legal system especially with regard to personal law in general and child marriage in particular has made India a breeding ground for various gender discriminations. The tussle between the national legislation applicable to every citizen of our country irrespective of their religious affiliation and the personal laws has resulted in widespread ambiguity in the field of child marriage, leading to violation of constitutional and other internationally protected human rights of women. A positive intervention from the government is required to eliminate any anomalies from child marriage provisions. The paper is a humble attempt to highlight the impact of bringing personal laws within the jurisdiction of fundamental rights and the need of a uniform civil code especially in the field of child marriage. – Reproduced
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