Article 44 of the Constitution of India lays down that the State shall endeavour to implement a Uniform Civil Code. The Implementation of Uniform Civil Code in Uttarakhand was one of the key promises of the Bharatiya Janata Party in 2022 Uttarakhand Legislative Assembly Elections.[5]
The Committee therefore asked for Public suggestion in which it received 60,810 suggestions regarding the drafting and implementation.
On 2 February 2024 the committee submitted its report to the Chief Minister Pushkar Singh Dhami.[7][8]
The Uniform Civil Code Act, 2024, implemented in Uttarakhand, applies to all individuals residing in the state except for members of scheduled tribes. Here is a breakdown of its key provisions:
Marriage and Divorce:
Minimum Marriageable Age: Sets a common minimum marriageable age for all genders (18 years for women and 21 years for man), aligning with existing national legislation.[11]
Registration of Marriages: Mandates compulsory registration of all marriages with designated authorities to ensure legal recognition and transparency.[12]
Grounds for Divorce: Outlines specific grounds for obtaining divorce applicable to all communities, addressing issues like cruelty, adultery, desertion, and mental illness.
Alimony and Maintenance: Provides provisions for spousal and child maintenance after divorce, ensuring financial support and upholding the welfare of dependents.[13]
Inheritance and Succession:
Equal Rights: Grants equal inheritance rights for sons and daughters, abolishing the distinction between ancestral and self-acquired property. This promotes gender equality and ensures fair distribution of inherited assets.
Succession Rules: Establishes a common set of rules for inheritance based on relationship to the deceased, regardless of religious affiliation. This simplifies the legal process and avoids complexities arising from diverse personal laws.
Live-in Relationships:
Registration: Requires registration of live-in relationships, granting legal recognition and protecting the rights of individuals in such partnerships.[14]
Rights of Children: Recognizes the rights of children born to partners in registered live-in relationships, ensuring their access to inheritance, maintenance, and other legal benefits.[15]
Maintenance for Deserted Partners: Provides provisions for maintenance to partners who are deserted in live-in relationships, safeguarding their financial security and addressing potential exploitation.[16][17]
Additional Provisions:
Prohibition of Polygamy: Bans the practice of polygamy for all individuals, promoting monogamy and gender equality.[18]
Child Marriage Ban: Reiterates the existing national ban on child marriage, protecting children from harmful traditional practices.[19]
Jurisdiction of Courts: Determines the jurisdiction of courts in matters related to marriage, divorce, inheritance, and maintenance under the UCC.
Exemptions:
Scheduled Tribes: The Act exempts members of scheduled tribes from its provisions, allowing them to continue following their customary laws in personal matters.[20]
Reactions
The passage of the UCC Act in Uttarakhand has elicited a wide range of reactions, both positive and negative. BJP and its allies viewed the UCC as a progressive step towards achieving equality and eliminating discriminatory practices based on religion.[21] They believe it will promote national integration and simplify the legal system while the oppositions argues that the UCC infringes on the religious and cultural rights of minorities, particularly regarding marriage, inheritance, and personal laws. They raise concerns about its potential to homogenize diverse traditions and undermine social harmony.[22][23]
Chief Minister Dhami termed the passage of the bill as "Historic" while the Opposition said that they were not given sufficient time for discussion.[24][25]
The Muslim community leaders apprehension about the impact of the UCC on their existing personal laws, highlighting concerns about safeguarding their cultural identity and traditions.[26]
The All India Majlis-e-Ittehadul Muslimeen president Asaduddin Owaisi said the UCC is "an attack" on the religious and cultural rights of minorities, particularly Muslims.[27][28] He argues that it "imposes a Hindu code" on all citizens, neglecting the diverse personal laws practiced by different communities. He questions the constitutionality of the UCC, claiming it violates Article 25 and Article 29, which guarantees freedom of religion and cultural rights.[29][30]
