Uniform Civil Code

The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply equally to all citizens, regardless of their religion. Currently, personal laws of different religious communities are governed by their religious scriptures. Personal laws cover marriage, divorce, inheritance, adoption and maintenance. While articles 25-28 of the Indian Constitution guarantee religious freedom to Indian citizens and allow religious groups to maintain their own affairs, article 44 expects the Indian state to apply directive principles and common law uniformly to all Indian citizens when formulating national policies. Personal laws were first framed during the British Raj, mainly for Hindu and Muslim subjects. The British feared opposition from community leaders and refrained from further interfering within this domestic sphere. The Indian state of Goa was separate from British India during the colonial rule in the erstwhile Portuguese Goa and Daman, and so retained a common family law known as the Goa civil code and thus was the only state in India with a uniform civil code prior to 2024, with Uttarakhand now taking the charge. Following India's independence, Hindu code bills were introduced which largely codified and reformed personal laws in various sects among Indian religions like Buddhists, Hindus, Jains and Sikhs but they exempted Christians, Jews, Muslims and Parsis. UCC emerged as a crucial topic of interest in Indian politics following the Shah Bano case in 1985. The debate arose on the question of making certain laws applicable to all citizens without abridging the fundamental right to practice religious functions. The debate then focused on the Muslim personal law, which is partially based on Sharia, permitting unilateral divorce and polygamy. A UCC bill was proposed twice, in 2019 and 2020, but was withdrawn both the times without introduction in the parliament. As of 2020,...