Article 44

Article 44 of the Indian Constitution is one of the most discussed and debated provisions under the Directive Principles of State Policy (DPSPs). It envisions the establishment of a Uniform Civil Code (UCC) applicable to all citizens of India, irrespective of their religion, caste, or community. The purpose of this article is to ensure equality, unity, and justice in matters of personal law, thereby promoting national integration and social reform.

Background and Constitutional Context

The concept of a Uniform Civil Code has its roots in India’s colonial and pre-independence period. During British rule, while criminal and commercial laws were codified and uniformly applied, personal laws — dealing with marriage, divorce, inheritance, and adoption — continued to be governed by religion-specific customs and scriptures.
During the Constituent Assembly Debates, members like Dr. B. R. Ambedkar and K. M. Munshi strongly advocated for a UCC as a means to achieve true equality and secularism. However, given India’s religious diversity and the sensitivity of personal laws, the framers chose to include it as a Directive Principle rather than a Fundamental Right.
The provision reflects the vision of building a modern, secular, and egalitarian society while respecting India’s pluralistic character.

Text and Objective of Article 44

Article 44 reads:“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
The primary objectives of Article 44 are:

• To establish a common set of civil laws governing personal matters such as marriage, divorce, inheritance, and adoption.
• To promote equality before the law by ensuring that personal laws do not discriminate based on religion or gender.
• To strengthen national unity and secularism by reducing legal divisions based on religion.

Although non-justiciable, Article 44 serves as a guiding principle for the State in formulating laws that uphold the spirit of equality and justice.

Nature and Scope of a Uniform Civil Code

The Uniform Civil Code, as envisioned under Article 44, seeks to replace religion-based personal laws with a common civil law applicable to all citizens. This uniformity, however, does not imply uniformity in religion or culture; rather, it signifies uniformity in civil rights and obligations.
Currently, personal laws in India vary across major religious communities:

• Hindu Law: Codified through statutes like the Hindu Marriage Act, 1955, and the Hindu Succession Act, 1956.
• Muslim Law: Governed primarily by Shariat and uncodified religious practices.
• Christian Law: Governed by the Indian Christian Marriage Act, 1872, and the Indian Divorce Act, 1869.
• Parsi Law: Regulated by the Parsi Marriage and Divorce Act, 1936.
• Secular Alternatives: The Special Marriage Act, 1954, and the Indian Succession Act, 1925, provide civil options open to all citizens irrespective of religion.

A UCC would consolidate these diverse systems into a single framework ensuring equal treatment in civil matters.

Judicial Interpretation and Landmark Judgments

The judiciary has repeatedly emphasised the importance of Article 44 in promoting justice, equality, and social reform. Several landmark judgments have called upon the State to move towards a Uniform Civil Code.

• Mohd. Ahmed Khan v. Shah Bano Begum (1985): The Supreme Court upheld the right of a divorced Muslim woman to claim maintenance under Section 125 of the Criminal Procedure Code, despite personal law provisions. The judgment underscored the need for a UCC to ensure gender justice.
• Sarla Mudgal v. Union of India (1995): The Court observed that the absence of a UCC creates discrimination and conflict in personal laws, especially concerning issues like bigamy. It urged the government to implement Article 44 to promote national integration.
• John Vallamattom v. Union of India (2003): The Court struck down discriminatory provisions in Christian personal law, reaffirming that equality under Article 14 requires uniformity in civil laws.
• Vishaka v. State of Rajasthan (1997): Though unrelated directly to Article 44, the Court’s emphasis on gender equality and protection from discrimination indirectly supported the spirit of the UCC.

Through these rulings, the judiciary has consistently recognised that a Uniform Civil Code is essential to uphold constitutional morality, gender equality, and secularism.

Legislative Developments and Partial Implementation

While a comprehensive UCC has yet to be enacted, several legislative measures reflect gradual progress towards uniformity in civil laws:

• The Special Marriage Act, 1954: Allows individuals of different religions or faiths to marry under a secular framework.
• The Hindu Code Bills (1955–56): Codified and reformed Hindu personal laws, introducing equality in inheritance, divorce, and adoption.
• The Dowry Prohibition Act, 1961 and The Domestic Violence Act, 2005: Provide gender-neutral protections applicable across religions.
• The Muslim Women (Protection of Rights on Marriage) Act, 2019: Criminalised instant triple talaq, reinforcing the principle of gender justice.

Additionally, Goa serves as an example of a functioning UCC, where the Portuguese Civil Code of 1867 continues to apply to all citizens regardless of religion.

Arguments in Favour of a Uniform Civil Code

1. Equality and Justice: Ensures equal rights and obligations for all citizens, irrespective of religious affiliation.
2. Gender Justice: Eliminates discriminatory practices in personal laws, especially against women.
3. National Integration: Promotes unity by creating a sense of common citizenship.
4. Simplification of Laws: Reduces complexity and contradictions arising from multiple personal laws.
5. Secularism: Strengthens the secular nature of the Indian State by separating religion from civil law.

Arguments Against a Uniform Civil Code

1. Cultural and Religious Sensitivity: Critics argue that personal laws are integral to religious identity and should not be replaced.
2. Minority Rights Concerns: Some communities fear that a UCC may impose the majority’s cultural norms.
3. Practical Challenges: India’s vast diversity makes the creation of a single uniform code complex and contentious.
4. Lack of Consensus: Implementing a UCC without broad social agreement could lead to political and communal tension.

Hence, while Article 44 aspires to social reform, its implementation requires cautious and inclusive deliberation.

Government Stance and Recent Developments

The issue of a Uniform Civil Code has periodically resurfaced in public and political discourse. Successive governments have expressed support in principle but have differed on the pace and method of implementation.

• The Law Commission of India (2018), in its consultation paper, stated that a UCC is neither necessary nor desirable at this stage. Instead, it recommended reforms within existing personal laws to promote equality.
• In recent years, debates have intensified, with several states exploring the feasibility of implementing UCCs at the regional level, particularly Uttarakhand and Gujarat initiating discussions on state-specific models.

International Perspective

Globally, many secular democracies have adopted uniform civil codes to ensure equality and social cohesion.

• France and Turkey are notable examples of nations with comprehensive civil codes applying uniformly to all citizens.
• International human rights frameworks, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), also advocate for uniform legal standards in personal matters.

India’s efforts under Article 44 are therefore consistent with international commitments to equality and gender justice.

Challenges and the Way Forward

The path toward implementing a Uniform Civil Code in India remains complex due to its religious, cultural, and linguistic diversity. Key challenges include:

• Building consensus among religious communities.
• Avoiding perceptions of coercion or majoritarian imposition.
• Balancing reform with respect for cultural pluralism.
• Ensuring gender justice within reformed laws.

A pragmatic approach could involve gradual, sector-wise reforms, harmonising existing personal laws while preserving essential cultural practices.

Significance of Article 44 in the Constitutional Framework

Article 44 embodies the constitutional vision of equality, unity, and secularism. It bridges the gap between individual rights and collective harmony by advocating for one set of civil laws for all citizens. Though non-justiciable, it serves as a guiding beacon for the State to advance legal and social reforms promoting justice and inclusivity.

Conclusion

Article 44 of the Indian Constitution represents a progressive and reformative aspiration towards establishing a Uniform Civil Code. It envisions an egalitarian legal system that transcends religious boundaries and ensures gender equality, social justice, and national integration.