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get which of the following articles of the constitution of india is related to the uniform civil code? from screen.
What is Uniform Civil Code in India
Uniform Civil Code: Article 44 of Indian Constitution mentions the Uniform Civil Code (UCC). It states that citizens to be secured with the Uniform Civil Code by state's endeavors. Read in detail about the Uniform Civil Code in India & Download its notes PDF for UPSC Exam preparation.
IAS PreparationUPSC Preparation StrategyNeed For A Uniform Civil Code In A Secular India
Uniform Civil Code - Challenges, Suggestions & Debate On UCC [UPSC Notes]
Uniform Civil Code resonates with one country one rule, to be applied to all religious communities. The term, ‘Uniform Civil Code’ is explicitly mentioned in Part 4, Article 44 of the Indian Constitution. Article 44 says, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”Context: Uniform Civil Code in India is a widely debated topic lately since the first petition was filed in 2019 to seek for framing of a UCC to promote national integration and gender justice, equality, and dignity of women.
Questions from it can be asked in the IAS Exam in Prelims, Mains GS-1 (Indian Society), GS-II (Governance), and also Essay papers. This article is an essay on the Uniform Civil Code in India. It talks about the challenges and suggestions in its implementation, part IV of Article 44 of the constitution and debates associated with uniform civil code.Aspirants can check their preparation of the topics mentioned in the UPSC Syllabus by UPSC Previous Year Question PapersCurrent AffairsUPSC Notes PDFIAS Mock Tests NCERT Notes PDF Table of Contents:
Uniform Civil Code – UCC
Uniform Civil Code Debate
The Constitution of India on the Uniform Civil Code
Goa Civil Code
Uniform Civil Code and Arguments For & Against
Uniform Civil Code – Challenges in its Implementation
The Way Forward for UCC: Gradual Change
Uniform Civil Code – UCC
A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly.
They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization.What is Article 44?
Article 44 corresponds with Directive Principles of State Policy stating that State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India.
Uniform Civil Code Debate
Historical perspective – The debate for a uniform civil code dates back to the colonial period in India.Pre-Independence (colonial era)
The Lex Loci Report of October 1840- It stressed the importance and necessity of uniformity in the codification of Indian law, relating to crimes, evidence and contract. But, it also recommended that personal laws of Hindus and Muslims should be kept outside such codification.
The Queen’s 1859 Proclamation- It promised absolute non-interference in religious matters.
So while criminal laws were codified and became common for the whole country, personal laws continue to be governed by separate codes for different communities.Post-Colonial era (1947-1985)
During the drafting of the constitution, prominent leaders like Jawaharlal Nehru and Dr B.R Ambedkar pushed for a uniform civil code. However, they included the UCC in the Directive Principles of State Policy (DPSP, Article 44) mainly due to opposition from religious fundamentalists and a lack of awareness among the masses during the time.
Some of the reforms of this period were:-The Hindu code bill -The bill was drafted by Dr.B R Ambedkar to reform Hindu laws, which legalized divorce, opposed polygamy, gave rights of inheritance to daughters. Amidst intense opposition of the code, a diluted version was passed via four different laws.Succession Act-The Hindu Succession Act, 1956, originally did not give daughters inheritance rights in ancestral property. They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9, 2005The Hindu Marriage ActMinority and Guardianship ActAdoptions and Maintenance ActSpecial Marriage Act:
It was enacted in 1954 which provided for civil marriages outside of any religious personal law.
Judicial interventions:Shah Bano case (1985):-
A 73-year-old woman called Shah Bano was divorced by her husband using triple talaq (saying “I divorce thee” three times) and was denied maintenance. She approached the courts and the District Court and the High Court ruled in her favour. This led to her husband appealing to the Supreme Court saying that he had fulfilled all his obligations under Islamic law.
The Supreme Court ruled in her favour in 1985 under the “maintenance of wives, children and parents” provision (Section 125) of the All India Criminal Code, which applied to all citizens irrespective of religion. Further, It recommended that a uniform civil code be set up.Facts about the case:
Under Muslim personal law, maintenance was to be paid only till the period of iddat. (three lunar months-roughly 90 days ).
Section 125 of CrPC (criminal procedure code) that applied to all citizens, provided for maintenance of the wife.
[Solved] Which one of the following Articles of the Constitution of I
The correct answer is Article 44. Key Points Article 44 of the Directive Principles in the Constitution says: "State shall endeavor to provid
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Which one of the following Articles of the Constitution of India deal with Uniform Civil Code?
Article 44 Article 40 Article 39A Article 41
Answer (Detailed Solution Below)
Option 1 : Article 44
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The correct answer is Article 44.Key PointsArticle 44 of the Directive Principles in the Constitution says:
"State shall endeavor to provide for its citizens a uniform civil code (UCC) throughout the territory of India".
The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonize diverse cultural groups across the country.
The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption.
The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.Article 40 of the Constitution deals with the steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all.Article 41 of the Constitution provides that “the State shall within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.”
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What is Uniform Civil Code, Article 44 Importance, Hindu Code Bill
Learn what is Uniform Civil Code, Article 44 Importance, Hindu Code Bill, Origin of Uniform Civil Code, what are personal laws, difference between civil laws and criminal laws and more Uniform Civil Code news at Business Standard.
WHAT IS UNIFORM CIVIL CODE
Uniform Civil Code
The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
The issue has been at the center of political narrative and debate for over a century and a priority agenda for the Bharatiya Janata Party (BJP) which has been pushing for the legislation in Parliament. The saffron party was the first to promise the implementation of UCC if it comes to power and the issue was part of its 2019 Lok Sabha election manifesto.Why is Article 44 important?
The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country. Dr. B R Ambedkar, while formulating the Constitution had said that a UCC is desirable but for the moment it should remain voluntary, and thus the Article 35 of the draft Constitution was added as a part of the Directive Principles of the State Policy in part IV of the Constitution of India as Article 44. It was incorporated in the Constitution as an aspect that would be fulfilled when the nation would be ready to accept it and the social acceptance to the UCC could be made.
Ambedkar in his speech in the Constituent Assembly had said, "No one need be apprehensive that if the State has the power, the State will immediately proceed to execute…that power in a manner may be found to be objectionable by the Muslims or by the Christians or by any other community. I think it would be a mad government if it did so."Origin of Uniform Civil Code
The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.
Increase in legislations dealing with personal issues in the far end of the British rule forced the government to form the B N Rau Committee to codify Hindu law in 1941. The task of the Hindu Law Committee was to examine the question of the necessity of common Hindu laws. The committee, in accordance with scriptures, recommended a codified Hindu law, which would give equal rights to women. The 1937 Act was reviewed and the committee recommended a civil code of marriage and succession for Hindus.What is the Hindu Code Bill?
The draft of the Rau Committee report was submitted to a select committee chaired by B R Ambedkar that came up for discussion in 1951 after the adoption of the Constitution. While discussions continued, the Hindu Code Bill lapsed and was resubmitted in 1952. The bill was then adopted in 1956 as the Hindu Succession Act to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act reformed the Hindu personal law and gave women greater property rights, and ownership. It gave women property rights in their father's estate.
The general rules of succession under the Act 1956 for a male who dies intestate is that heirs in Class I succeed in preference to heirs in other classes. An amendment to the Act in the year 2005 added more descendants elevating females to Class I heirs. The daughter is allotted the same share as is allotted to a son.Difference between civil laws and criminal laws
While the criminal laws in India are uniform and applicable equally on all, no matter what their religious beliefs are, the civil laws are influenced by faith. Swayed by religious texts, the personal laws which come into effect in civil cases have always been implemented according to constitutional norms.What are personal laws?
Laws that apply to a certain group of people based on their religion, caste, faith, and belief made after due consideration of customs and religious texts. The personal laws of Hindus and Muslims find their source and authority in their religious ancient texts.
In Hinduism, personal laws are applicable to legal issues related to inheritance, succession, marriage, adoption, co-parenting, obligations of sons to pay their father’s debts, the partition of family property, maintenance, guardianship, and charitable donations. In Islam, personal laws apply to matters relating to inheritance, wills, succession, legacies, marriage, wakfs, dowry, guardianship, divorce, gifts, and pre-emption taking roots from Quran.What will Uniform Civil Code do?
The UCC aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Shariat law, and others. The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith.