Uniform Civil Code: Article 44, Cases and Debate
Why in the news
Uttarakhand’s Cabinet, chaired by Chief Minister Pushkar Singh Dhami, cleared the rules for implementing the Uniform Civil Code in the state.
About UCC
- A single set of laws for personal matters such as marriage, divorce, adoption, inheritance and succession.
- Found in Article 44, a Directive Principle of State Policy, so it is not enforceable by courts.
- Constitutional history: the Sub-Committee on Fundamental Rights placed it in its draft; M.R. Masani, Hansa Mehta and Amrit Kaur pushed to make it non-justiciable; Draft Article 35 became Article 44; K.M. Munshi argued for it on unity and secular grounds.
Judicial pronouncements
| Case | Point made |
|---|---|
| Shah Bano | Muslim woman’s right to maintenance, linked to national integration |
| Jorden Diengdeh | Flagged contradictions in divorce laws; backed uniformity |
| Sarla Mudgal | Strongly supportive of UCC |
| Pannalal Bansilal Pitti | Recognised pluralism; urged gradual introduction |
| Lily Thomas | Stressed UCC for succession |
| John Vallamattom | Struck down discriminatory Christian personal law provisions |
| Shabnam Hashmi | Tied Juvenile Justice Act to UCC |
| Shayara Bano | Triple talaq; human rights angle |
Arguments for
- Equal rights under one law (Article 14).
- Tackles triple talaq, unequal inheritance and child marriage; empowers women.
- Simpler for courts and citizens; promotes national integration and social reform.
- Could align India with international human rights norms.
Arguments against
- May erode cultural heritage and violate Article 25 religious liberty.
- May affect some communities unevenly.
Challenges
- Minorities fear dilution of cultural identity.
- One law satisfying all cultures is hard; federal structure may be strained; overhauling the legal system may be costly.
Solutions
- Inclusive dialogue with stakeholders.
- Phased rollout, starting with areas of broad agreement.
- Constitutional safeguards for minority rights.
- Study state-level personal law reforms.
Exam angle
- Article 44 is in Part IV (DPSP); the 2012 UPSC prelims asked which DPSPs are Gandhian (answer: Panchayats and cottage industries).
- Mains 2015 asked about factors inhibiting a UCC.