• India
  • Jan 29
  • Kevin Savio Antony

Uttarakhand becomes first state to implement Uniform Civil Code

• Uttarakhand became the first state in independent India to implement the Uniform Civil Code (UCC).

• Chief Minister Pushkar Singh Dhami announced UCC’s implementation saying with this the constitutional and civil rights of people across all religions have become uniform.

• The implementation of the UCC applies to all people of Uttarakhand except those belonging to the Scheduled Tribe community and natives who have migrated out of the state.

• The Chief Minister unveiled the notification on UCC, released its rules and regulations and launched a portal designed for the mandatory online registration of marriages, divorce and live-in relationships. 

Key Provisions of the UCC in Uttarakhand:

• Ban on Certain Practices: The UCC prohibits practices such as halala, iddat, and talaq (customs related to marriage and divorce under Muslim Personal Law).

• Equal Rights for Women: Ensures equal rights for women in matters related to property and inheritance.

Mandatory Registration Under UCC

• Online Registration: Marriages, divorces, and live-in relationships must be registered on the government portal ucc.uk.gov.in.

• Marriages conducted since March 26, 2010, must be registered within six months.

• Marriages conducted after UCC implementation must be registered within 60 days.

• Live-in relationships (before or after UCC implementation) must be registered within one month.

Termination of Live-in Relationships:

• Can be ended online or offline by one or both partners.

• If only one partner applies, confirmation from the other is required.

• If a woman becomes pregnant during a live-in relationship, it must be reported to the government within 30 days of childbirth.

• Housing Rights for Couples: A landlord cannot refuse accommodation to couples whose live-in relationship is registered.

What is Uniform Civil Code?

• The Uniform Civil Code (UCC) aims to establish a uniform legal framework for personal matters, including marriage, divorce, adoption, inheritance, and succession for all citizens, regardless of their religion.

• Article 44 of the Constitution relating to Directive Principles of State Policy provides that State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.

Challenges in Implementing a Uniform Civil Code (UCC):

1) Diverse Personal Laws and Customary Practices:

• Religious diversity and national identity: India is home to a multitude of religions, cultures, and traditions, each with its own set of personal laws and customs that govern civil matters such as marriage, divorce, inheritance, and adoption.

• Variability Across Communities: These personal laws vary significantly across different communities, regions, and sects, making it difficult to establish a uniform set of rules.

• The Challenge of Codification: Many personal laws are not formally codified and are based on oral traditions or inconsistent written sources, leading to ambiguities and contradictions that complicate the creation of a uniform code.

2) Resistance from Religious and Minority Groups:

• Perceived Threat to Religious Freedom: Some religious and minority groups view the UCC as a threat to their religious autonomy and cultural identity, fearing it could impose a uniform legal framework that overrides their traditional practices.

• Concerns of Majoritarianism: There is apprehension that a UCC might favour the practices of the majority community, thereby undermining the diversity and pluralism that are central to India’s identity.

• Constitutional Rights Argument: Opponents argue that a UCC could violate their constitutional rights under Article 25, which guarantees freedom of religion, including the right to practice, profess, and propagate one’s faith.

3) Lack of Political Will and Consensus:

• Political Sensitivity: The implementation of a UCC is a highly sensitive political issue, often avoided by political parties due to the potential for stirring communal tensions and conflicts.

• Divided Opinions: There is no consensus among the government, legislature, judiciary, and civil society on the necessity or form of a UCC, reflecting deep-seated divisions within Indian society.

4) Practical Difficulties and Complexities:

• Complex Drafting and Harmonisation Process: Creating a UCC would require a comprehensive exercise of drafting, codifying, and harmonising the various personal laws and practices across India, which is a daunting task given the diversity involved.

• Need for Wide Consultation: Successful implementation would require extensive consultations with a broad range of stakeholders, including religious leaders, legal experts, women’s organisations, and civil society groups.

• Enforcement and Awareness Challenges: Even if a UCC were enacted, ensuring compliance and acceptance among the diverse population would require robust enforcement mechanisms and public awareness initiatives.

Benefits of Implementing a Uniform Civil Code (UCC):

1) National Integration and Secularism:

• Promotes Unity: A UCC could foster a sense of common identity and unity among all citizens, reducing divisions based on religion or community.

• Reduces Communal Tensions: By eliminating the different personal laws that sometimes lead to communal conflicts, a UCC could help in reducing sectarian tensions.

• Upholds Constitutional Values: It would reinforce the constitutional values of equality, fraternity, and dignity for all citizens, irrespective of their religion or cultural background.

2) Gender Justice and Equality:

• Eliminates Discrimination: A UCC could remove gender-based discrimination embedded in various personal laws, particularly those that adversely affect women.

• Equal Rights for Women: It would provide women with equal rights in matters of marriage, divorce, inheritance, adoption, and maintenance, empowering them legally and socially.

• Challenges Patriarchal Norms: By offering a uniform legal framework, it would help challenge and dismantle patriarchal practices that infringe upon women's fundamental rights.

3) Simplification and Rationalisation of the Legal System:

• Streamlines Laws: A UCC would simplify the legal system by removing the complexities and contradictions arising from multiple personal laws.

• Harmonises Civil and Criminal Laws: It would create a coherent legal framework, reducing anomalies and loopholes that currently exist due to diverse personal laws.

• Enhances Accessibility: A uniform code would make the law more understandable and accessible to the common people, thereby enhancing legal literacy and compliance.

4) Modernisation and Reform of Outdated Practices:

• Updates Archaic Practices: A UCC could modernise and reform outdated and regressive practices, ensuring they align with contemporary human rights standards and constitutional values.

• Protects Human Rights: It would help eliminate practices such as triple talaq, polygamy, and child marriage, which are contrary to the principles of human rights and equality.

• Adapts to Social Changes: A UCC would be more adaptable to the evolving social realities and aspirations of the people, reflecting changes in societal attitudes and norms.

(The author is a trainer for Civil Services aspirants.)

Notes