ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Saumya UmaSubscribe to Saumya Uma

Law Commission of India and Uniform Civil Code

In the contemporary discourse on the uniform civil code and family law reforms, an examination of the 21st Law Commission of India’s consultation paper on family law reform, published in 2018, becomes imperative. Although the LCI’s 2018 paper had progressive recommendations on some issues, particularly in foregrounding that the UCC was neither feasible nor desirable in the current context, it cannot be considered as a radical or futuristic document. It is hoped that the shortcomings in the 2018 consultation paper and the legal developments since then will inform and shape the 22nd LCI in its forthcoming report of 2023–24.

All Work, No Pay

In a judgment delivered on 5 January 2021, the Supreme Court of India emphasised the importance of fixing a monetary value for the housework done by women as homemakers. This article analyses the contemporary developments in this regard, through economic, legal and feminist perspectives. The article argues that in line with judicial precedents, the present judgment provides an impetus to value the labour and services of homemakers, which would give such work the much-needed social recognition and value. It further argues that while it is a welcome trend to attribute a pecuniary value to homemakers’ services after their demise, for purposes of determining quantum of compensation, a similar approach is warranted in matrimonial disputes in determining alimony and in dividing matrimonial property.

 

Rights and Wrongs of Anti-conversion Law(s)

The legal ramifications of the recently promulgated Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 are examined by juxtaposing popular perceptions of inter-religious marriages as “dishonourable” to the concerned families and communities, with a feminist perspective of women’s agency and exercise of choice in marriage. The key to preventing the phenomenon of conversion for marriage lies not in enacting draconian legislations that arm the state machinery with arbitrary powers, but in streamlining and simplifying procedures under the Special Marriage Act, 1954 that allow for inter-religious marriages without religious conversion of either person.

Police Atrocities and the Quest for Justice

In recent times, we have witnessed an exponential increase in incidence of police atrocities all over the country. Catapulted by the June 2020 case of brutal custodial torture and killings of Jayaraj and Bennix in Thoothukudi, Tamil Nadu, this article examines the issue through human rights and legal perspectives. It discusses the gaps in the law and its implementation, and examines ways of addressing the same.

Gamechanger or a Trojan Horse?

The Maternity Benefit Act, 1961, a key legislation in India that enables women to transcend the public–private dichotomy and stake their claim for productive participation in the labour force, saw major amendments in 2017. Four aspects of the amendments—increased maternity leave, maternity leave for adoption and surrogacy, provision of crèche, and paternity leave—are juxtaposed with feminist and constitutional principles as well as ground-level realities and practices. An increase in maternity benefits in law with a neglect of paternity leave and benefits is a lopsided approach that further reinforces gendered division of labour and care work as the domain of women. The social responsibility of employers is emphasised, and a deeper engagement of the state with the policy of parental benefits is advocated.

Evaluating Post-Sachar Interventions and the Status of Muslims in India

Institutionalizing Constitutional Rights: Post-Sachar Committee Scenario by Abusaleh Shariff, New Delhi: Oxford University Press, 2016; pp xxix + 485, ₹ 1,195.

 
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