The Uttarakhand Legislative Assembly has passed the Uniform Civil Code (UCC), Uttarakhand, 2024 Bill, positioning the state as the first in post-Independence India to enact such a law. This groundbreaking development, pending approval from Governor Gurmit Singh, has sparked a wave of anticipation and debate across the nation.
Introduced by Chief Minister Pushkar Singh Dhami, the UCC Bill seeks to unify and standardize laws governing marriage, divorce, inheritance, and property within Uttarakhand. The Bill’s passage was celebrated by the treasury benches with chants that highlighted its historic significance, reflecting a collective aspiration towards “One India, Great India,” a vision promoted by Prime Minister Narendra Modi.
The UCC Bill encompasses several progressive measures aimed at enhancing women’s rights and societal equity. Among its notable provisions are the increase in the minimum marriageable age for women, standardization of divorce procedures, mandatory registration of live-in relationships, and equal inheritance rights for men and women. These changes are seen as significant strides towards gender equality and social justice within the state.
The Bill’s journey to the Assembly floor was marked by meticulous preparation, including the formation of a committee in 2022 led by Chief Minister Dhami. This committee, chaired by retired Supreme Court Justice Ranjana Prakash Desai, included distinguished members such as former Chief Justice of Sikkim High Court Permod Kohli, social activist Manu Gaur, retired IAS officer Shatrughan Singh, and Doon University Vice-Chancellor Surekha Dangwal. Their collective efforts culminated in the final draft of the UCC, which was recently submitted to Chief Minister Dhami for legislative consideration.
Despite the overwhelming support from the ruling party, the Bill’s introduction was met with opposition concerns regarding the expedited nature of its passage and the perceived lack of extensive debate. Critics, including opposition leader Yashpal Arya, voiced apprehensions about the legislative process being circumvented. However, Speaker Ritu Khanduri assured that the Bill had undergone thorough examination and discussion, addressing concerns about its scrutiny.
The UCC Bill’s provisions, such as the mandatory registration of live-in relationships, conditions for contract marriages, and the ban on practices like Halala, Iddat, and Polygamy, signify a bold departure from traditional legal frameworks. These measures aim to foster a more equitable legal landscape, reflecting the diverse and evolving societal norms of Uttarakhand.
While Goa operates under a UCC inherited from the Portuguese Civil Code, Uttarakhand’s legislative initiative is unique in that it represents the first instance of a state assembly passing a law on the subject. This distinction underscores Uttarakhand’s pioneering role in setting a precedent for legal reform and social progress in India.
As Uttarakhand awaits the Governor’s approval to bring the UCC Bill into effect, the state stands at the cusp of a new legal era. The passage of the UCC Bill not only marks a significant milestone in Uttarakhand’s legislative history but also ignites a conversation on the feasibility and desirability of a uniform civil code across India, promising a future where laws transcend cultural and regional disparities to uphold the principles of justice and equality for all.
UNDERSTANDING Uniform Civil Code (UCC) and BACKGROUND of Uttarakhand Civil Code
Recently, the Uniform Civil Code (UCC) draft report was approved by the Uttarakhand Cabinet and is likely to be tabled in the state assembly on 6th February 2024, as a bill for enactment.
- The UCC drafting committee was led by retired Supreme Court judge Ranjana Prakash Desai.
- The UCC is a proposed set of common laws for all residents of Uttarakhand, regardless of their religion, caste, or gender.
In the Indian Constitution
- Article 162 of the Indian Constitution indicates that the executive power of a State extends to matters with respect to which the Legislature of the State has power to make laws. In view of the provisions of Entry 5 of the Concurrent List of the Seventh Schedule, the constitution of a Committee to introduce and implement Uniform Civil Code (UCC) per se cannot be challenged as ultra vires.
- Entry 5 of the Concurrent List deals with “marriage and divorce; infants and minors; adoption; wills, intestacy, and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
- Entry 5 of the Concurrent List deals with “marriage and divorce; infants and minors; adoption; wills, intestacy, and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
- This implies that the state government of Uttarakhand can enact UCC within its territory.
What are the Key Highlights of Uttarakhand’s UCC Bill?
- The UCC aims to replace distinct personal laws of every religion, focusing on marriage, divorce, adoption, and inheritance, guided by Article 44 of the Constitution.
- Article 44 of the Indian Constitution is a Directive Principle of State Policy (DPSP). It states that the state should try to establish a uniform civil code for all citizens throughout India.
- This code would be a single set of personal laws that would apply to all citizens, regardless of religion.
- Article 44 of the Indian Constitution is a Directive Principle of State Policy (DPSP). It states that the state should try to establish a uniform civil code for all citizens throughout India.
- Some of the key proposals put forth by the committee include the prohibition of polygamy, halal, iddat (a mandatory period of waiting to be observed by women following the dissolution of a Muslim marriage), triple talaq, and child marriage, uniform age for girls’ marriage across all religions, and mandatory registration of live-in relationships.
- The draft UCC aims to focus on gender equality by treating men and women equally in matters such as inheritance and marriage.
- The Code is also likely to extend an equal property share to Muslim women against the existing 25% share accorded under Muslim personal laws.
- The minimum age for marriage for men and women is set to remain the same,18 years for women and 21 years for men.
- The Code is also likely to extend an equal property share to Muslim women against the existing 25% share accorded under Muslim personal laws.
- Scheduled tribes (STs) have been exempted from the purview of the bill. The tribal population in the state, which is around 3%, had been voicing its dissent against UCC in the wake of the special status accorded to them.
What are the Concerns Regarding the UCC Bill for Uttarakhand?
- The UCC draft report may infringe upon the fundamental rights of religious freedom and personal liberty guaranteed by the Constitution of India.
- Some critics argue that the UCC draft report does not respect the diversity and pluralism of India, and imposes a uniform code that may not suit the customs and practices of different communities.
- Some critics argue that the UCC draft report does not respect the diversity and pluralism of India, and imposes a uniform code that may not suit the customs and practices of different communities.
- The UCC draft report may affect the rights and interests of the STs of Uttarakhand.
- Some activists claim that the UCC draft report does not adequately address the issues and aspirations of the STs, and may erode their cultural identity and autonomy.
What is the Uniform Civil Code?
- About:
- The UCC is mentioned in Article 44 of the Constitution as part of the Directive Principles of State Policy, that the state should work to establish a uniform civil code for all citizens across India.
- However, the Constitution’s framers left it to the government’s discretion to implement the UCC.
- However, the Constitution’s framers left it to the government’s discretion to implement the UCC.
- Goa is the only state in India with a UCC, following the Portuguese Civil Code of 1867.
- The UCC is mentioned in Article 44 of the Constitution as part of the Directive Principles of State Policy, that the state should work to establish a uniform civil code for all citizens across India.
- Supreme Court of India Stance on UCC:
- Mohd. Ahmed Khan vs Shah Bano Begum Case,1985:
- The Court observed that “it is a matter of regret that Article 44 has remained a dead letter” and called for its implementation.
- Such a demand was reiterated in subsequent cases such as Sarla Mudgal v. Union of India, 1995, and John Vallamattom v. Union of India, 2003.
- Jose Paulo Coutinho v. Maria Luiza Valentina Pereira Case, 2019:
- The Court hailed Goa as a “shining example” where “the uniform civil code is applicable to all, regardless of religion except while protecting certain limited rights” and accordingly urged for its pan-India implementation.
- Mohd. Ahmed Khan vs Shah Bano Begum Case,1985:
- Law Commission’s Stance:
- In 2018, the 21st Law Commission headed by former Supreme Court judge Justice Balbir Singh Chauhan submitted a consultation paper on “Reforms of family law” wherein it observed that the “formulation of a Uniform Civil Code is neither necessary nor desirable at this stage”.
- It underscored that secularism should coexist with the prevailing plurality in the country. It however recommended that discriminatory practices and stereotypes within existing personal laws should be amended.
- It underscored that secularism should coexist with the prevailing plurality in the country. It however recommended that discriminatory practices and stereotypes within existing personal laws should be amended.
- Acknowledging the lapse of more than three years since the issuance of the initial consultation paper. In 2022, the 22nd Law Commission headed by Justice (Retd) Rituraj Awasthi, issued a notification seeking opinions from various stakeholders, including the public and religious organisations, on the UCC.
- In 2018, the 21st Law Commission headed by former Supreme Court judge Justice Balbir Singh Chauhan submitted a consultation paper on “Reforms of family law” wherein it observed that the “formulation of a Uniform Civil Code is neither necessary nor desirable at this stage”.
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