What is Article 44 of Indian constitution |
Article 44 of the Indian Constitution is part of the Directive Principles of State Policy (DPSP). It talks about the idea of a Uniform Civil Code (UCC) for all citizens of India.
📜 Text of Article 44 (Simplified)
“The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.”
✅ What is a Uniform Civil Code (UCC)?
A Uniform Civil Code means one common set of civil laws for all Indians, regardless of their religion, caste, or community, especially in matters like:
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Marriage
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Divorce
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Inheritance
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Adoption
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Property rights
🎯 Purpose of Article 44
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To ensure equality before law for everyone.
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To promote national unity by applying the same civil laws to all citizens.
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To reduce discrimination, especially gender-based inequalities in personal laws.
🧾 Current Situation
India currently follows different personal laws based on religion:
Community | Law Applies To |
---|---|
Hindus | Hindu Marriage Act, Hindu Succession Act, etc. |
Muslims | Muslim Personal Law (Shariat) |
Christians | Indian Christian Marriage Act, Divorce Act |
Parsis | Parsi Marriage and Divorce Act |
So, different communities follow different rules for family-related matters.
🧠Example:
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A Hindu woman has different inheritance rights compared to a Muslim woman.
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Article 44 aims to replace these multiple systems with one civil law for all.
⚖️ Supreme Court’s View:
The Supreme Court has repeatedly supported implementing a Uniform Civil Code to ensure equality and secularism. Important cases:
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Shah Bano Case (1985)
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Sarla Mudgal Case (1995)
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Jose Paulo Coutinho Case (2019)
📌 Summary of Article 44
Feature | Description |
---|---|
Type of law | Directive Principle (not enforceable in court) |
What it proposes | One common civil law for all citizens |
Focus area | Marriage, divorce, inheritance, property, etc. |
Current status | Not yet implemented nationwide (except in Goa, partially) |
Goal | Ensure equality, secularism, and national unity |
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