Article 44 of Indian Constitution: Uniform Civil Code for Citizens

Article 44 of Indian Constitution calls for the establishment of a Uniform Civil Code (UCC) to govern personal matters like marriage, divorce, inheritance and adoption for all citizens, irrespective of religion. As a Directive Principle of State Policy, it serves as a guiding principle for the government rather than a legally enforceable right. The UCC aims to promote national integration, secularism and gender equality by creating a uniform legal framework. However, its implementation has sparked ongoing debate and controversy in India. Explore other important Constitutional Articles.

Article 44 of Indian Constitution Uniform Civil Code for Citizens

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

Note: “The information on Article 44 of Indian Constitution provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Article 44 of Indian Constitution advocates for a Uniform Civil Code for all Indian citizens, seeking uniformity across the country. It was introduced to standardize laws governing personal matters like marriage, divorce, inheritance, and adoption, ensuring consistency amidst India's cultural diversity. It mandates that the State shall endeavour to secure a Uniform Civil Code (UCC) for all citizens throughout India. The objective of uniform civil code is to replace personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen. Article 44 of Constitution demonstrates the commitment of the Constitution to equality before the law and aims to unify the diverse legal traditions into a single, cohesive framework.

Article 44 of Indian Constitution reflects the constitutional aspiration for legal uniformity in matters of personal laws and ensures that all citizens are governed by a common set of laws regardless of religion. It seeks to promote national integration by elimination of legal divisions based on religion while aligning the personal laws with the Constitution commitment to secularism and gender equality.

Background of Uniform Civil Code

The Uniform Civil Code (UCC) traces its origins to colonial India, with initial discussions dating back to 1835. The British government, in its report emphasised the need for uniformity in the codification of Indian laws related to crimes, evidence and contracts. However it notably recommended that the personal laws of Hindus and Muslims should be excluded from this codification process, reflecting the sensitivity surrounding religious customs and practices.

As British rule progressed, the growing number of legislations addressing personal issues led to increased pressure for reform. The British government formed the B.N. Rau Committee by the year 1947 to examine and codify Hindu law. The Hindu Law Committee, tasked with investigating the necessity of common laws for Hindus, reviewed the Hindu Women Right to Property Act 1937. The committee proposed a codified Hindu law that would ensure equal rights for women, particularly in the areas of marriage and succession, laying the foundation for a broader discussion on a civil code that would apply uniformly across communities.

Pre-Independence Era

The idea of a uniform law was first addressed in the Lex Loci Report of 1840, which suggested the codification of criminal laws, contract law and the law of evidence, but recommended excluding personal laws from the unification process. Additionally, the Queen's Proclamation of 1859 promised non-interference in personal laws.

Post-Independence Era (1947-1985)

After India gained independence, prominent figures in the Constituent Assembly, such as Pt. Jawaharlal Nehru and Dr. B.R. Ambedkar, supported the establishment of a Uniform Civil Code. However, religious leaders opposed this proposal which led to the inclusion of the principle in the Directive Principles of State Policy (Article 44 of Indian Constitution)

The implementation of a Uniform Civil Code (UCC) is supported by a number of factors that focus on legal consistency, social cohesion and justice. These factors address the challenges of diverse legal and cultural framework of India:

• Existing Uniform Laws: Various laws, like the Indian Contract Act, 1872 and Special Marriage Act, 1954, already function uniformly across India in matters similar to personal laws.
• National Integration: Implementation of a Common Civil Code would aid in strengthening national integration by fostering unity among diverse communities of India.
• Legal Harmony: A uniform code would eliminate conflicting provisions of law which would lead to greater coherence and consistency in the legal system.
• National Unity and Spirit: The adoption of a Uniform Civil Code would promote a sense of national unity and collective identity by empowering the country to overcome divisive forces.
• Gender Justice and Equality: It would promote gender equality by acknowledging discriminatory practices against women present in various personal laws and ensuring fair treatment for all.

Opposition to the Uniform Civil Code

Critics of the Uniform Civil Code (UCC) argue that its implementation could undermine cultural diversity of India and infringe on religious freedoms. They believe that such a law might marginalize minority groups, ignore their distinct traditions and face considerable legal and political challenges.

• Religious Freedom Concerns: The opponents believed that the Uniform Civil Code UCC could undermine the cultural and religious identities of minority communities by limiting their ability to follow personal religious practices. It would potentially violate the rights guaranteed under Article 25 and Article 29 of the Indian Constitution.
• Impact on Cultural Diversity: India is home to a broad range of cultural and social traditions and critics contended that a uniform law might overlook these distinct customs, risking social unrest and division among different communities.
• Political Exploitation Risk: The debate surrounding the Uniform Civil Code UCC has become a politically charged issue with concerns that it could be used to marginalize minority communities and exacerbate communal tensions.
• Legal and Constitutional Hurdles: The introduction of a UCC faces legal obstacles, as states may have differing views on its implementation. Personal laws are part of the concurrent list in the Constitution which could lead to disputes between central and state governments on the issue.

Article 44 of Indian Constitution Significance

Article 44 of Indian Constitution highlights the creation of a Uniform Civil Code (UCC) to foster uniformity in personal laws across the country. Its significance lies in addressing equality, justice and national integration and bolstering the secular framework of India.

• Unifying Legal Landscape: Article 44 of Indian Constitution aims to unify the diverse legal system of India which is currently governed by different personal laws for various religious communities.
• Equality, Justice and Fairness: Article 44 of Constitution seeks to ensure that all citizens are subject to a single set of laws. It promotes equality, justice and fairness in personal matters such as marriage, divorce, inheritance and adoption.
• National Integration: By standardizing personal laws, Article 44 of Indian Constitution fosters a stronger sense of national integration and brings together the diverse cultural and religious communities of India.
• Secular State: Article 44 of Constitution bolsters the secular nature of the Indian state and ensures that laws do not favor any particular religion.

Uniform Civil Code Challenges

The implementation of a Uniform Civil Code (UCC) faces various challenges due to the diverse social, cultural and religious fabric of India. The challenges include concerns over religious freedoms, social unrest and resistance to government intervention in personal matters.

• Diverse Population: Establishment of a uniform set of laws for a culturally and religiously diverse population is a complex task.
• Religious Freedom Concerns: There are concerns that the Uniform Civil Code may violate the religious freedoms of different communities.
• Potential for Social Unrest: The procedure of codifying personal laws could lead to social unrest or religious riots.
• Government Intervention: The UCC requires government intervention in personal matters which may be met with resistance from communities not ready for such changes.

Article 44 of Indian Constitution Case Laws

The judiciary has played an important role in interpretation of Article 44 of Indian Constitution. The following are some of the important judicial pronouncements which reflect the significance of Article 44 -

Mohammad Ahmed Khan vs Shah Bano Begum (1985)

Mohammad Ahmed Khan vs Shah Bano Begum is also popularly known as ‘Shah Bano Case’. In this case, Shah Bano claimed maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq by her husband. The Government overturned the Shah Bano case decision by way of introducing Muslim Women (Right to Protection on Divorce) Act, 1986 which infringed the right of a Muslim woman for maintenance under Section 125 of the Criminal Procedure Code, 1973. 

The Supreme Court in Shayara Bano case in 2017 had declared the practice of Triple Talaq i.e., talaq -e-bidat as unconstitutional. In order to give effect to the decision of the Supreme Court, the Central Government introduced the triple talaq bill in the Parliament. This Act made the pronouncement of talaq by a Muslim husband in spoken, written or electronic form punishable under the law.

Sarla Mudgal Case vs Union of India (1995)

In this case, the question was whether a Hindu husband married under the Hindu law, by converting into Islam can solemnise the subsequent marriage? The Supreme Court held that embracing Islam for a subsequent marriage is the maltreatment of Personal laws. It also opined that Hindu marriage can be disintegrated under Hindu Marriage Act, 1955 i.e. simply by converting itself into Islam and marrying again does not disintegrate the marriage under Hindu Marriage Law and subsequently will be an offence under Section 494 of the Indian Penal Code.

Danial Latifi & Anr v. Union of India (2001)

The validity of the Muslim Women (Protection of Rights on Divorce) Act 1986 was questioned before the Supreme Court. The Supreme Court in this case maintained a balance between the personal laws and the gender rights and reiterated the validity of the Shah Bano decision. The Court concluded that the Act does not preclude maintenance for divorced Muslim women and that Muslim men must pay maintenance until such time as the divorced wife remarries. However, the Court held that if the provisions of the act are in conflict with Section 125 of Criminal Procedure Code then it will be unconstitutional.

John Vallamattom vs Union of India (2003)

In this case, John Vallamatton, a priest from Kerala filed a writ petition expressing that Section 118 of the Indian Succession Act was against Christians as it forces unreasonable limitations on their donation of property for the religious or charitable purpose by will. The Bench comprising Chief Justice of India V.V. Khare, Justice S.B Sinha and Justice A.R. Lakshmanan struck down the Section and held it as unconstitutional. It was opined that the Article 44 of Indian Constitution provides that the State shall endeavour to secure for all citizens a Uniform Civil Code throughout the territory of India.

Lily Thomas vs Union of India (2013)

The Supreme Court in Lily Thomas vs Union of India held that this Court has no power to give directions for the enforcement of the Directive Principles of the State Policy as provided in Chapter IV of the Constitution which includes Article 44 of Indian Constitution. This Court has time and again reiterated the position that Directives as given in Part IV of the Constitution are not enforceable in Courts as they do not create any justiciable rights in favour of any person.

Article 44 of Indian Constitution and Present Scenario

The implementation of the Uniform Civil Code (UCC) in India has seen levels of success and challenges across different regions. One such example is the Goa Civil Code which serves as a precedent for a uniform legal framework in personal matters.

Goa Civil Code

The Goa Civil Code derived from the Portuguese Civil Code, 1867 which functions similarly to a Uniform Civil Code, though it is not directly governed by Article 44 of Indian Constitution. In Goa, personal matters such as marriage, succession and divorce are regulated under a uniform code and binds all religious communities to the same laws. The Code also validates pre-nuptial agreements and ensures the distribution of property after a marriage dissolution. In Goa, marriage is treated as a contract and requires the consent of both parties.

Uttarakhand Implements UCC

On 7th February, 2024, the Uttarakhand Legislative Assembly passed the Uniform Civil Code (UCC) Bill which was later granted assent by President Droupadi Murmu on 13th March, 2024. It aims to establish a uniform set of laws regarding personal matters like marriage, divorce, succession and inheritance, applicable to all citizens in the state irrespective of their religion.

The draft for the bill was prepared by a five-member committee led by former Supreme Court Justice Ranjana Prakash Desai, with Chief Minister Pushkar Singh Dhami introducing it in the Assembly. With this enactment, Uttarakhand becomes the first state in India to implement a Uniform Civil Code.

Uniform Civil Code Uttarakhand 2024

The following are the key features of Uniform Civil Code of Uttarakhand 2024:

• Inclusive Provisions: The Uniform Civil Code UCC applies to all communities in Uttarakhand encompassing matters such as marriage, divorce, inheritance and live-in relationships.

• Marriage Ceremonies: Marriage can be performed under any religious or other ceremonies as per the Special Marriage Act.
• Compulsory Registration: Marriages must be registered within 60 days. A fine of Rs. 20,000 applies for failure to register, though the marriage will not be annulled for non-registration.
• Uniform Marriage Age: The legal age for marriage is 18 for women and 21 for men across all communities.
• Ban on Bigamy and Polygamy: Both practices are prohibited and individuals have the right to remarry after divorce.
• Gender Equality in Divorce: The code ensures gender equality in divorce proceedings.
• Child Custody: In the case of divorce, the mother retains custody of children under 5 years old.

• Influence of Indian Succession Act, 1925: The Uniform Civil Code UCC is largely influenced by the Indian Succession Act and ensures uniform inheritance laws across communities.
• Property Transfer Rights for Muslims: Muslims can transfer their entire property according to their will, moving beyond the traditional limit of one-third as per religious texts.
• Equal Rights for All: There is no distinction between ancestral and self-acquired property in intestate succession for Hindus.
• Equal Rights for Sons and Daughters: Both sons and daughters have equal inheritance rights across all classes.
• Disqualification from Inheritance: Individuals involved in murder or remarriage before death are disqualified from inheritance.
• Inclusion of Non-traditional Children: Adopted children, illegitimate children, children born through surrogacy and those born through assisted reproductive technologies are recognized as biological children.

• Registration Requirement: Live-in relationships must be registered with non-compliance resulting in a potential jail term of up to 3 months.
• Termination Process: Couples must notify the authorities if they terminate their live-in relationship, or face penalties.
• Maintenance Rights: Women in a live-in relationship have the right to claim maintenance if deserted by their partner.

Way Forward for Uniform Civil Code (UCC)

A balanced approach to implementation of the Uniform Civil Code (UCC) involves gradual reforms, inclusive consultations and a focus on gender justice with the goal of promoting broad acceptance.

• Step-by-Step Reforms
• Inclusive Dialogue
• Focus on Gender Equality
• State-Level Trials.
• Raise Legal Awareness

Conclusion

Article 44 of Indian Constitution represents a vision for a unified legal framework that transcends personal laws based on religious practices. Uniform Civil Code is very important as it makes our laws rational in accordance with the citizens belonging to various religious denominations. It is imperative that for promotion of national unity and solidarity a unified code is an absolute necessity. We need a uniformed code for family laws under an umbrella of all its constituent religions. The Supreme Court has reiterated Article 44 of Indian Constitution through its various decisions that there is a need for uniform civil code time and again. The Court has settled the controversies which have arisen due to apparent conflicts in the personal laws. India is a country of unity in diversity having multi religions and cultures. Therefore, civil matters of citizens should be taken in the same clutches of law only then the prime constitutional goal of fraternity can be materialised.