Common Civil Code (Article 44))

Articles 44 directs: "The State shall endeavour to a secure for the citizens uniform civil code throughout
the territory of India."

Uniform Civil Code (UCC) is defined in our Constitution under Article 44 of Directive Principles of State Policy. It
states that it is the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India.
In other words, we can say that it means one country one rule.

Uniform Civil Code places a set of laws to govern the personal matters of all citizens irrespective of religion is
perhaps the need of the hour and ensures that their fundamental and Constitutional rights are protected.

It is the common set of governing rules for all citizens of India which refers to replace personal laws (based on
religious scriptures and customs). These laws are well-known for public law and cover marriage, divorce,
inheritance, adoption, and maintenance.

Though, it would be difficult to bring the persons of different faiths and persuasions on a common
platform but, the Court held that "a to be made beginning has if the Constitution is to have any
meaning".

In Sarla Mudgal v. Union of India, the Supreme Court directed the Central Government through the Prime
Minister to take a fresh look at Article 44. The case related to a Hindu remarrying, after conversion to
Muslim religion, without dissolving his first marriage.

Unfortunately, the Supreme Court, while hearing an appeal filed by one of the accused in the above case
explained that the direction given therein was only an obiter dicta and that it was not legally binding on
the Government.

The desirability of the Uniform Civil Code can hardly be doubted. But, it can concretize only if social
climate is properly built and the masses awakened to accept the change.

In Ahmedabad Women Action Group (AWAG) v. Union of India, the Supreme Court, rejecting the prayer
for the enactment ofa Common Civil Code, ruled that the issue was for the Legislature to deal with. The
Court referred to the Pannalal Bansilal’s decision, where the Apex Court had observed that the founding
fathers, while making the Constitution, were confronted with problems to unify and integrate people of
India professing different religious faiths, born in different castes, sex or sub-sections in the society
speaking different languages, and dialects in different regions. They, to integrate all sections of the
society as a united Bharat, provided a secular Constitution.

A uniform law, though highly desirable, enactments thereof in one go, perhaps, might be counter-
productive to unity and integrity of the Nation. It could be done by process of law by stages, the Court
said. Later, in John Vallamattom v. Union of India, 7 learned Chief Justice of India regretted that Article 44
had not been given effect to. Holding that a common civil code would help the cause of national
integration, the learned Chief Justice observed there is no necessary connection between religious and
personal law in a civilized society...

The aforesaid two provisions, viz., Articles 25 and 44 show that the former guarantees religious freedom
whereas the latter divests religion from social relations and personal law. The learned Chief Justice
explained that marriage, succession and the like matters of a secular character could not be brought
within.
Pros of Uniform Civil Code

1. To provide equal status to all citizens irrespective of their religion, class, caste, gender, etc.
2. To promote gender equality. UCC will bring both men and women at par.
3. To accommodate the aspirations of the young population and to utilise their full potential towards nation-
building.
4. All Indian citizens are equal before the court of law. That is the criminal laws and other civil laws except
personal laws are the same for all. So, UCC is necessary to promote national integration.
5. To bypass the issue of reform of existing personal laws.

Cons of Uniform Civil Code

1. Due to diversity in India, it is somewhere tough to come up with a common and uniform set of rules but
our Government is trying to come up with common rules.
2. Several communities, mainly minority communities perceive the Uniform Civil Code as an encroachment on
their rights to religious freedom.
3. In personal matters, interference of the state. As the constitution provides for the right to freedom of
religion of one's choice. But with the codification of uniform rules and their compulsion may reduce the
scope of the freedom of religion.
4. To bring UCC is a sensitive and tough task but not impossible.