The fundamental rights enshrined in part III of our Constitution guarantees a
dignified and safe environment without any discrimination or favour to the citizens
of India. Even then, after 75 years of independence Bharat is shackled with different
laws based on religion which are governing the family system. Article 15 (3) of our
Constitution envisages that “nothing in this Article shall prevent the state from
making any special provision for women and children “.
Akhil Bharatiya Adhivaktha Parishad feels that time has come to see that
several laws relating to marriage, divorce, alimony/maintenance, adoption,
succession and guardianship in different communities across India which have
become a tool to oppress women in the garb of protection of distinct culture and
religion are ended. The 16th National conference of Akhil Bharatiya Adhivakta
Parishad held at Kurukshetra on 26 to 28 of December, 2022 expressed its deep
concern over the issue and demanding the stake holders for proper enactments for
the Uniform Family Laws.
However, the grim reality is that ever since the adoption of our Constitution,
Article 44 which talks about the need to endeavor to secure a Uniform Civil Code
for the citizens and the issue had periodically engaged the attention of jurists and
social activists only. The agony and suffering of crores of women and children
because of lack uniform family laws which reflects the contemporary needs of
society and aspirations of women folk is well documented to be repeated here now.
The forces who want to continue to enslave women and are envious of
progress omen have made, intentionally shirk away from taking any responsibility
towards violation of human rights. The objective perceived in having uniform family
laws is to promote gender justice, gender dignity and gender equality, thereby not
discriminating on the grounds of sex, religion, caste and Tribes.
The Hon’ble Supreme Court through various judgments have time and again
enunciated the need to have uniform family laws. In John Vallamattom v. Union of
India, (2003) 6 SCC 611], the then Hon’ble Chief Justice of India, Justice V. N.
Khare, observed: “A common civil code will help the cause of national integration
by removing all contradictions based on ideologies”. The Supreme Court also
observed that “the power of the Parliament to reform and rationalize the personal
laws is unquestioned and the command of Article 44 of the Constitution is yet to be
realized”.
Thus it clear that Personal laws which legitimize gender discrimination are an
affront to the basic ethos of our secular Constitution. Akhil Bharatiya Adhivakta
Parishad is an organisation of Nationalist Lawyers committed to act in furtherance
to achieve the ethos of our Constitution. In this back drop, the National Conference
of ABAP calls upon the policy makers, political parties to forthwith bring in a law
to usher in uniform Family Laws without any delay. Let each leader, leading
personally and organization especially political parties make their stand clear on the
issue of Uniform Family Laws.
ABAP calls upon the Advocates, especially women Advocates to lead this
movement to mould the public opinion and see that the political class bring this Law
expeditiously.
