Article 44 Of The Constitution: Emphasising The Necessity Of A Uniform Civil Code In India

Khushbu Sharma, ICFAI Law School, Hyderabad

ABSTRACT

The concept of a Uniform Civil Code (hereinafter referred to as "UCC") in India is grounded in the principle that all segments of society should be treated equally, irrespective of their religious affiliations, under a unified national civil code. This code encompasses vital aspects such as marriage, divorce, maintenance, inheritance, adoption, and property succession, operating on the premise that religion should not be intertwined with legal matters in modern civilization.

This commitment to a UCC finds its roots in Article 44 of the Indian Constitution, which urges the state to secure a uniform civil code for all citizens throughout the country. Judicial decisions, notably the John Vallamattom case, have underscored the necessity of such a code, emphasizing that it should apply to all citizens, regardless of their backgrounds.

India's international obligations under conventions like the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) emphasize equal treatment for all, aligning with the goals of a UCC. The objective of the UCC is not to interfere with religious practices but to establish uniform laws in areas like marriage and succession, ensuring equitable treatment for all.

Crucial legal cases, such as Mohd. Ahmed Khan vs. Shah Bano Begum1 and Ms. Jordan Diengdeh vs. S.S. Chopra2, have highlighted the need for a UCC to eliminate conflicting loyalties to divergent ideologies and consolidate personal laws governing similar subjects.

Overall, the implementation of a Uniform Civil Code in India is essential for promoting social equality, justice, and fundamental rights while respecting cultural diversity and individual freedoms. It aligns with international commitments, judicial precedents, and constitutional values, serving as a vital step towards national integration and gender equality.