Uniform Civil Code and the Directive Principles of State Policy: Analyzing Article 44 of the Constitution

  • Abhinav Kumar Rai and Ms. Shaiwalini Singh
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  • Abhinav Kumar Rai

    Student at Amity Law School, Lucknow, India

  • Ms. Shaiwalini Singh

    Assistant Professor at Amity Law School, Lucknow, India

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Abstract

The Uniform Civil Code (UCC), articulated in Article 44 of the Indian Constitution within the Directive Principles of State Policy, aims to establish a unified set of civil rules applicable to all individuals, regardless of religion, caste, or community. Although it is a constitutional obligation, the execution of the Uniform Civil Code (UCC) has persisted as a contentious matter in India, owing to the existence of various personal laws regulating marriage, divorce, inheritance, and adoption among different religious communities. This research study conducts a critical analysis of Article 44, considering its constitutional purpose, judicial interpretation, and socio-legal ramifications. It analyzes the intricate relationship between the Directive Principles and Fundamental Rights, including Articles 25 and 26, which ensure the freedom of religion. This article examines, via a comprehensive analysis of significant judicial rulings and Law Commission reports, whether the Uniform Civil Code (UCC) is essential for realizing the constitutional objectives of equality and secularism, or if it compromises the cultural and religious liberty of many populations. The report examines comparative perspectives from other countries and assesses current legal and political developments related to the UCC in India. The analysis aims to reconcile the concepts of uniformity and pluralism, proposing a measured approach to legal reform that honors both constitutional morality and India's multicultural essence.

Keywords

  • Uniform Civil Code (UCC)
  • Article 44
  • Gender Justice
  • Triple Talaq

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 4830 - 4851

DOI: https://doij.org/10.10000/IJLMH.119585

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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