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Uniform Civil Code Article 44 | Civil Service Malayalam

Uniform Civil code in Indian Constitution Is it justiciable? Why is it needed? Challenges of UCC in Indian Constitution




Uniform Civil code in Indian Constitution

  • Article 44 of the Constitution says that there should be a Uniform Civil Code. 
  • According to this article, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. 
  • Since the Directive Principles are only guidelines, it is not mandatory to use them.

Why is it needed?

  • Different personal laws create discrimination between people of different religions and genders. 
  • A Uniform Civil Code will ensure that women have the same rights and opportunities in the courts as men, regardless of their religion. 
  • This includes matters such as marriage, divorce, custody of children, inheritance rights, and adoption.
  • A secular republic needs to have a common law for all its citizens, rather than different rules based on religious practices.
  • National Integration and Simplification of laws

Challenges

Constitutional challenges
  • Freedom of religion is incompatible with the right to equality. 
  • Article 25 guarantees each person the right to practice their own religion free from interference. 
  • Article 26(b) protects the right of religious denominations to manage their own affairs in matters of religion 
  • while Article 29 defines the right to conserve one's cultural heritage. 
  • These rights often conflict with the principle of equality before the law enshrined under articles 14 and 15 of the Constitution. 
  • Moreover, the freedom of religion of an individual is subject to public order and health.

Social-political challenges
  • The minority groups are concerned that the dominant culture is being imposed on them without their consent. 
  • Bringing uniformity among all the different cultures in India will be a difficult task. 
  • The patriarchal mindset in Indian society poses a big challenge in the implementation of the UCC. 
  • The Hindu code bill has been in place for a few decades now, but the land that Hindu women are actually given as inheritance is only a fraction of the land they are entitled to.

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Learnerz IAS: Uniform Civil Code Article 44 | Civil Service Malayalam
Uniform Civil Code Article 44 | Civil Service Malayalam
Uniform Civil code in Indian Constitution Is it justiciable? Why is it needed? Challenges of UCC in Indian Constitution
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