44. The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
Article 44 – Constitution of India
Article 44 talks about the Uniform Civil Code in India. The word Uniform Civil Code finds mention in the constitution.
What is uniform civil code?
It a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. Initially, this did not include sexual orientation, however, the decriminalisation of homosexuality has led to inclusion of sexual orientation in UCC.
Currently, people from various religions are regulated by different personal laws. There are separate laws for Hindus, Muslims, Christians, etc. The demand of the time is that everyone must be treated at par with same set of laws. Hence, the word UCC has come in light as some sections claim that article 44 is in conflict with Art 14 of the Indian constitution.
Challenge with Uniform Civil Code under Article 44
The issue is whether we can allow uniformity against the diversity of the nation. India is not secular in the traditional model of west. While the west has completely separated religion from the state, we have embraced all the religions. Hence no conforming to the diversity of different religions leads to issues.
Not bringing a uniform civil code leads to a state where there is discrimination against women, and those with a non-binary sexual orientation, etc. An amicable solution is to begin with minimum common law which must eliminate discriminatory practices of the current personal laws.