In 2002 under Atal Bihari Vajpayee government, the National Empowerment Policy for Women, 2001- stated that the govt. was fully resolute to stimulate changes in personal laws with respect to those dealing with guardianship, maintenance, divorce, and marriage. The policy aimed at eliminating discrimination against women through deliberations with different religious and community leaders. Members of the CEDAW were perturbed with the plurality of legal systems governing domestic relations based on religious norms which in shield of accommodating sundry cultural and religious differences in India’s diverse society usually discriminate against the female gender and by making personal laws a political issue; prohibiting the government’s interference.
In lieu of such circumstances, the CEDAW in its concluding observations from its 2007’s review advised the lawmakers to warrant that all personal laws governing different religious groups in India are in concurrence with Article 15 and 16 of the CEDW Conventions In a UN press report of 2000, the CEDAW again emphasized on the patriarchal nature of personal laws stating that it was a direct transgression of its convention. CEDAW was of the firm opinion that in India, there has to be common non-discriminatory personal law system governing all religious groups in form of a uniform civil code in order to eliminate gender discrimination being caused by the application of the current personal lawsIndia ratified the International Covenant on civil and political rights,1966 and International Covenant on Elimination of All Forms of Discrimination against Women,1979, making it legally bound to imply with the germane stipulations to safeguard gender equality under its national laws. However, women in India have persistently been a subject of discrimination as a consequence of the application of India’s personal laws. Thus, critically observing the anti-women scenario being facilitated by the Indian personal laws, a need for more liberal and modern uniform civil code to govern personal relations is need of the hour not only from standpoint of justice and equality but also as an international obligation to adhere to various ratified treaty demanding the same.
The International Framework devised to act as its watchdog for the acquiescence of the legally imperative provision of the CEDAW by member country is the Committee on Elimination of Discrimination Against Women. India has been submitting prompt reports vis-a-vis the enactment of the CEDAW to this committee.
