In India instead of a Uniform Civil Code, personal laws based on the scriptures and customs of each major religious community govern every citizen. Article 44 expects the state to apply these while formulating policies for the country. Apart from being an important issue regarding secularism in India & fundamental right to practice religion freedom as contained in Article 25 is an important fabric of secularism an fundamental right.Article 44 of the Constitution guarantees Uniform Civil Code to all citizens.
It became most controversial topic during Shah Bano case in 1985. The row erupted over making certain laws applicable to all citizens without abridging the fundamental right of right to practice religious functions. The debate was focused on the Muslim Personal Law, partially based on the Sharia law. It permits unilateral divorce, polygamy and putting it among the legally applying the Sharia law. After abolishing the practice of Triple Talaq by law, stage was already set for a Uniform Civil Code (UCC).Interestingly, Goa is the only Indian state to have a uniform civil code.
Personal laws are quite distinguished from public law covering marriage, divorce, inheritance, adoption and maintenance. The Special Marriage Act, 1954 permits any citizen to have a civil marriage outside the realm of any specific religious personal law.
Personal laws were framed during the British Raj, mainly for Hindu and Muslim citizens. The demand for a uniform civil code was first put forward by women activists in the beginning of the 20th century. Until 1947, a few law reforms were carried out to improve the condition of women. In 1956, the Parliament passed Hindu Code Bill amidst significant opposition. India's first Prime Minister Jawaharlal Nehru was for UCC but women activists and Muslim leaders opposed. Finally, a compromise was worked out to add it to the Directive Principles.
Bharatiya Janata Party (BJP) and The Sangh Parivar have been gunning for Uniform Civil Code since long. The BJP was the first party in the country to promise it if elected into power, a uniform civil code will be enforced. UCC is defined in our Constitution under Article 44 of Directive Principles of State Policy. It is the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India. So, Modi govt next move will be to pass a law and enforce the UCC. Wait and Watch.