Article 44 of the Costitution of India with Case law
Article 44 of the Constitution of India – Uniform Civil Code (UCC)
Text of Article 44:
“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
🔍 Explanation:
Article 44 is part of the Directive Principles of State Policy (DPSP) in Part IV of the Constitution.
It directs (not mandates) the State to strive to create and implement a Uniform Civil Code (UCC).
A UCC means a common set of civil laws (related to marriage, divorce, inheritance, adoption, etc.) applicable to all citizens, regardless of religion.
⚖️ Purpose of UCC:
Promote national integration
Ensure equality before the law in civil matters
Protect the rights of women and vulnerable sections
Reduce the influence of personal religious laws that may be discriminatory
📚 Important Case Laws on Article 44 / UCC:
1. Mohd. Ahmed Khan v. Shah Bano Begum (1985)
Facts: A Muslim woman claimed maintenance under Section 125 CrPC after divorce.
Held: Supreme Court ruled in her favor, saying Section 125 applies to all, regardless of religion.
The Court strongly advocated for a UCC, stating it would help in promoting true secularism.
2. Sarla Mudgal v. Union of India (1995)
Facts: Hindu men converted to Islam to marry again without divorcing their first wives.
Held: Such conversions for the purpose of polygamy were invalid; the Court emphasized that UCC is essential to protect women’s rights and avoid misuse of personal laws.
3. John Vallamattom v. Union of India (2003)
Issue: A provision under Christian personal law was challenged as discriminatory.
Held: Supreme Court struck down the provision and again emphasized the need for UCC to ensure equality in civil matters.
4. Shayara Bano v. Union of India (Triple Talaq case, 2017)
Held: Triple Talaq (instant divorce) was declared unconstitutional.
The Court observed that discriminatory practices under personal laws need to be re-examined, and UCC could be a solution.
🇮🇳 Government Stand and Status:
UCC has not yet been implemented due to the diverse religious and cultural practices in India.
Goa is currently the only state that follows a form of Uniform Civil Code, known as the Goa Family Law.
📌 Nature of Article 44:
It is non-justiciable – i.e., not enforceable by any court.
But courts and legal experts see it as a constitutional goal and moral obligation of the State.
🧾 Criticism & Challenges:
Concerns from minority communities that UCC might erode religious freedom.
Need for consensus-building and sensitivity to diversity.
✅ Conclusion:
Article 44 reflects the vision of the Constitution’s framers to create a modern, unified, and secular civil legal system in India. Though not yet implemented, judicial pronouncements and public debates continue to highlight its importance and complexity.
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