Constitution of India on Uniform Civil Code
Article 44 of the Indian Constitution mandates the State to ensure a uniform civil code across the country. However, Article 37 states that these principles are guiding government policies and are not enforceable by courts. Despite this, Article 44 states that the DPSP is fundamental in the country’s governance, but it does not make it mandatory. Therefore, the implementation of a uniform civil code is not mandatory.
Religious Freedom in a Secular Society – Secularism in India
India, a Hindu majority state since 1947, has been a secular nation since the Forty-second Amendment of the Constitution of India enacted in 1976. The Constitution does not permit mixing religion and state power, and states cannot pursue nonsecular policies or actions. State-owned educational institutions are prohibited from imparting religious instructions, and tax-payers’ money cannot be used for religious promotion. India’s secularism has inspired modern India, but it does not completely separate religion and state.
The Indian Constitution allows extensive interference in religious affairs, such as abolition of untouchability and opening of Hindu temples to lower castes. Personal laws in modern India vary based on Muslim status, and the state finances religious schools and infrastructure. However, the Indian concept of secularism is controversial, with supporters claiming it respects “minorities and pluralism” and critics arguing it violates the principle of equality before the law.
What is Uniform Civil Code? | UCC in India – Article 44
Uniform Civil Code: The Uniform Civil Code (UCC) is a proposal in India to create and implement personal laws that apply equally to all citizens, regardless of religion, gender, or sexual orientation. The Uniform Civil Code (UCC) aims to replace existing laws that apply to different communities, which are currently inconsistent with each other. These laws, such as the Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, Indian Divorce Act, and Parsi Marriage and Divorce Act, would be replaced by a single set of laws applicable to all citizens, ensuring uniformity.
Uniform Civil Code emerged as a crucial topic of interest in Indian politics following the Shah Bano case in 1985. The bill was proposed twice but was withdrawn without introduction in parliament. Opposition parties and BJP allies from the NDA have opposed the UCC, claiming it will end special privileges of tribal communities.
In this article, you will read about the Uniform Civil Code in India, its history, arguments in favor of UCC, arguments against UCC, and challenges while implementing it.
Table of Content
- What is the Uniform Civil Code?
- History of Uniform Civil Code Debate in India
- Constitution of India on Uniform Civil Code
- Goa Civil Code
- Arguments in the favour of the Uniform Civil Code
- Arguments against the Uniform Civil Code
- Challenges in Implementing Uniform Civil Code
- Recent Developments related to Uniform Civil Code
- Suggestions for Implementing a Uniform Civil Code