In a historic move, Uttarakhand has become the first state in India to implement the Uniform Civil Code (UCC), a significant step towards promoting legal equality among citizens across all castes and religions. This development aims to simplify and standardize personal laws relating to marriage, divorce, succession, inheritance, and other personal matters for all residents of the state, except for Scheduled Tribes and those under protected authority-empowered communities.
The implementation of the UCC will affect key areas of personal law. Notably, it lays down the following provisions:
- Marriage and Divorce: The UCC sets a unified marriageable age for both men (21 years) and women (18 years). It also establishes common grounds for divorce, ensuring equal legal rights across religious lines. Additionally, the law specifies that marriage can only be solemnized between two parties, none of whom has a living spouse, both are mentally capable of giving legal consent, and the couple is not related by prohibited kinship.
- Succession and Inheritance: The new laws will regulate matters of inheritance and succession, ensuring equal rights for individuals, irrespective of their religion or community.
- Live-in Relationships: The UCC also includes provisions to regulate live-in relationships, requiring their compulsory registration, thereby extending legal recognition to such arrangements.
- Polygamy and ‘Halala’: One of the most significant features of the UCC is its stance against polygamy and ‘halala’—a controversial practice where a woman must marry another man and divorce him before being allowed to remarry her previous husband.
Uttarakhand’s UCC Journey
The process for enacting the Uniform Civil Code in Uttarakhand began in March 2022 when the state cabinet approved the formation of an expert panel to draft the law. The panel was headed by retired Supreme Court Judge Ranjana Prakash Desai and consulted with various sections of the state’s population. After a year and a half of deliberations, the panel submitted its report, which was comprehensive, spanning four volumes.
On February 2, 2024, the draft of the UCC was sent to the Uttarakhand Assembly. The bill was passed promptly, and President Droupadi Murmu gave her assent to the law in March 2024, nearly two years after the initial proposal.
This progressive move is expected to create a more inclusive legal framework, ensuring equal treatment for all residents, regardless of their religion or caste. The successful implementation of the UCC in Uttarakhand is being closely watched by other states, which may look to adopt similar measures in the future.
Implications of the UCC in Uttarakhand
The Uniform Civil Code in Uttarakhand aims to foster legal equality and social justice. By unifying personal laws across communities, it seeks to eliminate disparities that have existed for generations. However, the law may also face resistance from some religious and community groups who see it as a challenge to their traditional practices and beliefs. The ongoing discussions around the UCC will likely shape its future implementation in other parts of the country.
Uttarakhand’s bold step in embracing the Uniform Civil Code marks a new chapter in India’s legal and social history, as the state leads the way in reforming personal laws to align with the principles of equality and fairness.
Sources By Agencies
