CONCEPT – ARTICLE 44 AND UNIFORM CIVIL CODE

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 CONCEPT – ARTICLE 44 AND UNIFORM CIVIL CODE

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• Article 44 in The Constitution Of India
• Uniform civil code for the citizens
• The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India
• Part IV: Directive Principles of State Policy

• Uniform Civil Code (UCC): It refers to one set of laws for all citizens irrespective of their background, gender, caste, creed or religion. It is a strong debate whether to replace personal laws based on the scriptures and customs of each major religious community in India with a UCC.
• Article 44 of the Directive Principles: It expects the State to apply these while formulating policies for the country. The debate arose afresh after the 1985 Shah Bano case. The debate goes straight to the heart of secularism in India, and the fundamental right to practice religion as given in Article 25.
• What are personal laws? Personal laws are different from public law and these cover marriage, divorce, inheritance, adoption and maintenance. Goa has a common family law, thus being the only Indian state to have a uniform civil code. The Special Marriage Act, 1954 permits any citizen to have a civil marriage outside the realm of any specific religious personal law. India has a long list of personal laws.
• British era: Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens. The British feared opposition from citizens and then stopped the process. Prior to the British Raj, the East India Company (1757-1858) tried to reform local social and religious customs.
• Banning Sati: Lord William Bentinck, the Governor-General of India, tried to suppress sati, the prescribed death of a widow on her husband's funeral pyre, and passed the Bengal Sati Regulation, 1829. This was later extended outside Bengal to all English territories in India.
• Women’s rights: Traditionally disadvantaged in all communities, women rose to demand their rights, and a uniform civil code, first in the beginning of the twentieth century. Till Independence in 1947, a few law reforms were passed to improve the condition of women, especially Hindu widows. In 1956, the Indian Parliament passed Hindu Code Bill amidst significant opposition. Though a demand for a uniform civil code was made by PM Jawaharlal Nehru, it was finally added to the Directive Principles because of heavy opposition. It remains non-justiciable.
• Move towards it cautiously: The Law Commission in its report (August 2018) stated that India may not need a Uniform Civil Code, but can ensure first equal status for all genders within each Personal Law.

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