<P> The Hindu code bill failed to control the prevalent gender discrimination . The laws on divorce were framed giving both partners equal voice but majority of its implementation involved those initiated by men . Since the Act applied only to Hindus, women from the other communities remained subordinated . For instance, Muslim women, under the Muslim Personal Law, could not inherit agricultural land . Nehru accepted that the bill was not complete and perfect, but was cautious about implementing drastic changes which could stir up specific communities . He agreed that it lacked any substantial reforms but felt it was an "outstanding achievement" of his time . He had a significant role in getting the Hindu Code bill passed and laid down women - equality as an ideal to be pursued in Indian politics, which was eventually accepted by the previous critics of the bill . Uniform civil code, for him, was a necessity for the whole country but he did not want it to forced upon any community, especially if they were not ready for such a reform . According to him, such a lack of uniformity was preferable since it would be ineffective if implemented . Thus, his vision of family law uniformity was not applied and was added to the Directive principles of the Constitution . </P> <P> The Special Marriage Act, 1954, provides a form of civil marriage to any citizen irrespective of religion, thus permitting any Indian to have their marriage outside the realm of any specific religious personal law . The law applied to all of India, except Jammu and Kashmir . In many respects, the act was almost identical to the Hindu Marriage Act of 1955, which gives some idea as to how secularised the law regarding Hindus had become . The Special Marriage Act allowed Muslims to marry under it and thereby retain the protections, generally beneficial to Muslim women, that could not be found in the personal law . Under this act polygamy was illegal, and inheritance and succession would be governed by the Indian Succession Act, rather than the respective Muslim Personal Law . Divorce also would be governed by the secular law, and maintenance of a divorced wife would be along the lines set down in the civil law . </P> <P> After the passing of the Hindu Code bill, the personal laws in India had two major areas of application: the common Indian citizens and the Muslim community, whose laws were kept away from any reforms . The frequent conflict between secular and religious authorities over the issue of uniform civil code eventually decreased, until the 1985 Shah Bano case . Bano was a 73 - year - old woman who sought maintenance from her husband, Muhammad Ahmad Khan . He had divorced her after 40 years of marriage by triple Talaaq (saying "I divorce thee" three times) and denied her regular maintenance; this sort of unilateral divorce was permitted under the Muslim Personal Law . She was initially granted maintenance by the verdict of a local court in 1980 . Khan, a lawyer himself, challenged this decision, taking it 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 . It further recommended that a uniform civil code be set up . Besides her case, two other Muslim women had previously received maintenance under the Criminal code in 1979 and 1980 . </P> <P> The Shah Bano case soon became nationwide political issue and a widely debated controversy . Many conditions, like the Supreme court's recommendation, made her case have such public and political interest . After the 1984 anti-Sikh riots, minorities in India, with Muslims being the largest, felt threatened with the need to safeguard their culture . The All India Muslim Board defended the application of their laws and supported the Muslim conservatives who accused the government of promoting Hindu dominance over every Indian citizen at the expense of minorities . The Criminal Code was seen as a threat to the Muslim Personal Law, which they considered their cultural identity . According to them, the judiciary recommending a uniform civil code was evidence that Hindu values would be imposed over every Indian . </P>

The uniform civil code was discussed at length in the case of