Uniform Civil Code Article 44 | Civil Service Malayalam

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.

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

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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