Uttarakhand Is First State To Enforce Uniform Civil Code. What Changes

Uttarakhand will enforce a Uniform Civil Code today, laying a framework for uniform marriage, divorce, property, inheritance and adoption laws for all citizens. It will become the second state after Goa to have a uniform legal framework for citizens.

The Code comes into effect almost a year after the Bill was passed in the Uttarakhand assembly, which was among the BJP's key election promises in the 2022 state polls. Among the clauses is the mandatory registration of live-in relationships and parental consent for live-in relationships involving individuals under the age of 21 years. The rule will apply to "any resident of Uttarakhand... in a live-in relationship outside the state".

Failure to declare live-in relationships, or providing false information, could land a person in jail for three months or attract a fine of Rs 25,000, or both. Even a month's delay in registration could trigger a jail term of up to three months, a fine of Rs 10,000, or both.

Marriages will need to be registered and the minimum age of marriage across religions will be 21 years for men and 18 years for women. This aims to ensure that they can complete their education before they get married. Some other key elements are a ban on polygamy, child marriage, triple talaq and a uniform process for divorce. The Code will not apply to Scheduled Tribes.

The new law aims to ensure equality among communities in terms of inheritance rights. The UCC also recognises children born out of live-in relationships as a "legitimate child of the couple" and ensures that they get equal rights in inheritance. Both sons and daughters will be referred to as "child", omitting any gender differences.

The Uniform Civil Code bans practices that some sections of Muslims follow when a woman loses her husband or gets divorced, including nikah halala and iddat.

Judge-Led Panel, Special Assembly Session

A government-appointed panel, led by retired Supreme Court judge Ranjana Prakash Desai, had drafted a four-volume, 749-page report containing several recommendations on the UCC. The panel collected 2.33 lakh pieces of written feedback online and organised more than 70 public forums. During these meetings, panel members engaged with roughly 60,000 people to help develop the Bill draft.

These recommendations, aimed at fostering gender equality and social cohesion, were deliberated upon during a special four-day Assembly session in February last year.

Portal Launched For UCC Implementation

An online portal has been launched by the Uttarakhand government which will be available for use by the citizens to register marriages, divorces, succession rights, live-in relationships, and their termination. These processes can be carried out from mobile phones or desktops and the progress of application can be checked through email or SMS.

UCC A Major Pitch For 2024 Lok Sabha Elections

Uttarakhand Chief Minister Pushkar Singh Dhami said the Code is "an offering made by our state in the great 'yagya' being performed by the Prime Minister to make the country a developed, organised, harmonious and self-reliant nation".

However, the UCC was a major poll plank ahead of the 2024 Lok Sabha elections. Union Home Minister Amit Shah had said during a rally in Madhya Pradesh that the BJP-led government at the Centre will implement it in the country as it is a guarantee of Prime Minister Narendra Modi, and accused the Congress of advocating personal laws.

Mr Modi, too, had said that UCC is already in place in the state of Goa and everyone is living happily there. He further asserted that even the Indian Constitution has mentioned the implementation of UCC.

Civil Code In Goa Since Portuguese Rule

A version of the UCC in place in Goa is the Portuguese Civil Code of 1867. Under this, people belonging to all religions in Goa are subject to the same laws on matters like marriage, divorce and succession. Notably, Goa was under Portugese control till 1961.

Goa Chief Minister Pramod Sawant had said in an interview to NDTV that the entire country should welcome the Uniform Civil Code (UCC) as it will bring equality between men and women. He said the entire point of the UCC is to do away with old rules and ways that are no longer compatible with a progressive society. "We should welcome the UCC. The young, educated crowd understands that the UCC is necessary," Mr Sawant told NDTV.

Goa continued to follow the code even after its liberation. On the other hand, Uttarakhand brought the Bill into fruition, making it the first state to officially adopt a UCC.

Other States To Follow Suit?

Uttarakhand's passage of the UCC Bill paved way debate on the need for similar legislations, especially in BJP-ruled states.  BJP leader Ajay Alok said the UCC has been part of the Constitution since its adoption, but it took 75 years to begin its implementation.  

"UCC is not a new thing, it has been in our constitution ever since we adopted the constitution. It's a matter of misfortune. It took seventy-five years for us, but we are going to implement it in the states ruled by the Bharatiya Janata Party and the NDA. Uttarakhand became the first state where implementation is done and it will be like a pilot project and gradually we will implement it across the country," he stated.

Shiv Sena spokesperson Manisha Kayande described it as a progressive step to eliminate injustice and promote equality. Speaking to IANS, she stated, "This is a significant milestone for Uttarakhand. If there is any injustice prevailing in the country, such a law can help address it. I firmly believe the UCC should also be implemented in Maharashtra."