AUTHOR: Anushka Swaroop a student at Chhatrapati Shahu Ji Maharaj University (ABVSLS), Kanpur
ABSTRACT
The implementation of the Uniform Civil Code (UCC) in Uttarakhand represents a significant stride towards achieving national integration and social equality in India. The UCC aims to replace the diverse personal laws of different religious communities with a unified legal framework governing marriage, divorce, inheritance, and adoption for all citizens. This paper explores the historical context, legislative journey, and practical implementation of the UCC in Uttarakhand. The state’s experience highlights both the potential benefits, such as promoting gender equality and streamlining legal processes, and the challenges, including concerns about cultural preservation and legal conflicts. Through a detailed analysis of Uttarakhand’s approach, public consultation process, key provisions, and technological integration, this study provides valuable insights for other states considering similar reforms. The findings underscore the importance of inclusive dialogue, legislative support, and technological advancements in successfully implementing the UCC. Uttarakhand’s journey serves as a model for the broader implications of adopting a UCC across India, fostering greater unity and equality in a diverse society.
INTRDOCUCTION
The idea of a Uniform Civil Code (UCC) in India has been around for ages and is considered to be the ultimate step toward national integration and equality. The UCC aims to replace personal laws, which are based on the scriptures and customs of each major religious community in India, with a common set of laws applicable to every citizen. This is an ambitious goal that can bring India’s diversified cultural fabric under one legal umbrella.
The case of Uttarakhand is interesting because it reflects the cultural tapestry and the traditions that make up this state. It, therefore, would be interesting to see the state’s experience as a microcosm of the challenges and successes of such an important legal reform. It will be possible to understand the wider implications and benefits of adopting a UCC in India if the approach taken by Uttarakhand is examined.
In the present discussion, I shall address historical context, Uttarakhand steps, various communities affected by such an outcome, and the lessons learnt from such experiences. Outside Uttarakhand, it can be explained that a UCC implemented within a nation might well prove to be an integrative factor that enhances greater equality and harmony amongst diverse Indians.
LITERATURE REVIEW
- India Legal Magazine:
Title: “Will It Unite India or Deepen Divisions?”
Summary: This article discusses the introduction of the UCC in Uttarakhand and its implications. It highlights the historical context, the legal challenges, and the social impact of the UCC1. The article also compares Uttarakhand’s UCC with Goa’s Portuguese Civil Code.
- Edunovations:
Title: “Uniform Civil Code Uttarakhand 2025: Key Details, Constitutional Significance, and Impact on National Integration”
Summary: This source gives a comprehensive overview of the implementation of the UCC in Uttarakhand, its constitutional basis, and its objectives. It highlights the role of the UCC in promoting social equality and national integration2.
- LIJDLR (Law, Innovation, and Journal of Doctrinal Legal Research):
Title: “The Uniform Civil Code of Uttarakhand: A Legal & Constitutional Analysis”
Summary: This paper critically looks at the legal framework of Uttarakhand’s UCC. Emerging progressive features along with the weakness of the laws are discussed. Conflict with central laws and requirements of inclusive reforms has also been highlighted.
- Themes and Findings :
Historical Background: The UCC is based on Article 44 of the Indian Constitution, which seeks to establish justice, equality, and unity among citizens. Historical efforts to introduce the UCC were met with strong resistance from different religious groups1.
Legal Structure: The UCC in Uttarakhand unifies the laws relating to marriage, divorce, inheritance, and adoption for all communities in the state. It provides for equal rights for both genders, legitimacy of children, and ease of procedure1.
Social Impact: Implementation of the UCC in Uttarakhand has been controversial over its constitutionality, inclusiveness, and social impact. Some argue that it fosters gender equality and national integration, whereas others believe it is a way to disintegrate the cultural heritage and challenge the central law1.
Comparative Analysis: The UCC in Uttarakhand is compared to Goa’s Portuguese Civil Code, which serves as a de facto UCC. Uttarakhand’s approach is seen as more ambitious, aiming to modernize archaic customs and address broader social inequities
UTTRAKHAND’S JOURNEY WITH UCC
- Historical Context and Foundation Steps:
Setting Up Expert Committee: On March 2022, the Uttarakhand government constituted a five-member committee of experts presided over by former Supreme Court judge Ranjana Prakash Desai to prepare the UCC.
Public Consultation: The committee invited public responses on the drafting and implementation of the UCC and received in excess of 60,810 responses.
Presentation of the Draft: On February 2, 2024, the committee presented the all-encompassing draft to Chief Minister Pushkar Singh Dhami.
Approval and Passage of the Assembly: The Council of Ministers approved the committee’s suggestions on February 4, 2024. The UCC bill was further introduced and passed in the Uttarakhand Assembly on March 8, 20241.
Presidential Consent: The bill was sent to the President of India for the consent, and the President consented to the bill in March 2024.
- Implementation and Technology Integration :
Official Launch: The UCC was finally launched on 27 January 2025. Uttarakhand became the first state in India to adopt UCC1.
Online Portal: The state government launched an online portal for marriage, divorce, live-in relations, and inheritance. It increased the transparency of legal processes for people.
Mock Drills and Training: The state had prepared mock drills in advance to facilitate the registration on the portal, and the officers were also prepared for the system.
- Key Provisions and Impact :
Equal Rights: The UCC standardizes laws governing marriage, divorce, inheritance, and adoption across all communities, promoting gender equality and national integration.
Live-in Relationships: The UCC includes provisions for registering live-in relationships, requiring couples to submit a list of documents and fill out a registration form.
Social and Legal Reforms: The UCC seeks to update archaic customs, ensure equal property rights for sons and daughters, and give legitimacy to children born out of live-in relationships.
- Challenges and Criticisms:
Privacy Concerns: Critics argue that the mandatory registration of live-in relationships intrudes into personal lives and could be seen as moral policing.
Infrastructure and Implementation: There are concerns about whether the state’s infrastructure can handle the scale of the new legal framework.
LANDMARK CASES
- Formation of Expert Committee (2022)
Case: The Uttarakhand government constituted a five-member expert committee headed by former Supreme Court judge Ranjana Prakash Desai to prepare the UCC.
Importance: This was the first step towards a formal process for introducing the UCC in Uttarakhand.
- Public Consultation and Draft Submission (2024)
Case: The committee held wide-ranging public consultations and received more than 60,810 responses.
Significance: This is by itself a welcome feature that by reaching out to the numerous communities, their views and concerns were indeed reflected in the draft UCC.
- Legislation and Presidential Assent (2024)
Case: The Uttarakhand Assembly approved the UCC bill, that was given Presidential assent in March 2024.
Significance: This legislative achievement provided an opportunity for the actual implementation of the UCC.
- Official Implementation and Online Portal (2025)
Case: The UCC was legalized on January 27, 2025 through an online portal that allows registration of marriages, divorces, live-in relationships, and inheritance.
Significance: The technology integration was an effort to make the legal process much more accessible and transparent.
FREQUENTLY ASKED QUESTION
- What is the Uniform Civil Code (UCC)?
- The UCC is a set of laws that applies uniformly to all citizens, irrespective of religion, caste, or community, governing matters such as marriage, divorce, inheritance, and adoption.
- Why is the UCC important?
- The UCC aims to promote equality and justice by providing a single legal framework for all, removing disparities arising from diverse personal laws.
- Why was Uttarakhand the first state for UCC implementation?
- Uttarakhand was selected as it promised to be one of the most significant election promises made by the party during the 2022 Assembly elections. The government here believed it could set an example for other states and tackle social inequalities2.
- What are the key changes implemented in the UCC for Uttarakhand?
- The UCC also introduces compulsory registration of all marriages and live-in relationships, uniform divorce laws, uniform age for marriage for women, equal inheritance rights for both sons and daughters, and prohibit practices such as halala.
- How does the UCC empower women?
- The UCC has ensured gender parity by providing rights in marriage, divorce, and inheritance, thus eliminating regressive practices that infringe upon women’s rights.
- What are the expected challenges in implementing the UCC?
- The challenges include the possibility of conflict with central laws, cultural preservation, and the ability of the infrastructure to accommodate the new legal framework2.
- Will other states implement the UCC soon?
- However, the success of Uttarakhand’s UCC may be a catalyst to push other states to adopt the same, yet every state will have to figure out its social and legal circumstances.
- What is the Indian Constitution’s take on the UCC?
- Article 44 of the Indian Constitution, which falls under the Directive Principles of State Policy, states that the state should strive to make an adequate Uniform Civil Code for the citizens throughout the territory of India.
- Will the UCC affect religious freedom?
- The UCC is argued to promote secularism and equality, but critics worry that it may infringe on religious customs and practices.
CONCLUSION
One of the remarkable steps on the path of national integration and social equality on the front of the Uniform Civil Code is the implementation of UCC in Uttarakhand. A unified legal framework is envisioned, aiming to relieve diverse personal laws that may distort the path toward social equality among gender. It aims to streamline the legal processes, making them efficient, and modernize archaic customs by being practical in benefit and challenge.
The state’s journey, from the formation of an expert committee to the official implementation of the UCC, has brought into focus public consultation, legislative support, and technological integration. Though the UCC in Uttarakhand has been a notable step toward social justice and equality, it is also criticized and raises concerns over privacy, cultural preservation, and potential legal conflicts.
Uttarakhand’s model presents the example to all the other states in line with implementing UCC. This goes to show that careful planning, inclusive dialogue, and commitment to progressive reform, in their words, is something the UCC can add toward a unified and more just society. And it will serve lessons in helping shape the future of national integration and legal uniformity for this developing country as a whole.
In essence, it is not a legal reform alone but a step towards realizing the constitutional vision of justice, equality, and unity for all citizens. As the journey of the UCC in Uttarakhand unfolds, it opens new avenues for dialogue, understanding, and progress in the quest for a truly inclusive and integrated nation.
REFRENCING
