UNIFORM CIVIL CODE AND GENDER JUSTICE: AN ANALYSIS UNDER CUSTOMARY LAW

Article 15 of the constitution of India lays down a guarantee to every citizen that consists of ‘No discrimination or any ground only of religion race, caste, sex, place of birth or any of these. Article 15 (3) provides that for women and children special provision can be made by the state, women empowerment enjoys constitutional protection of this Article 15 (3). Article 39 (a) (d) and (e) lay down certain principles of policy that are to be followed by State. Men and Women citizens shall enjoy equal right to an adequate means of livelihood. There shall be equal pay for equal work for both men and women and that the health and strength of worker’s men and women shall not be abused. Article 42 provides for just and humane condition of work and maternity relief. Article 44 also provides that ‘The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India’.