Author: Gopika Karunakaran a student at Government law college, Vellore.
Abstract:
This article delves into the creation and implementation of the Uniform Civil Code (UCC) in Uttarakhand, India, a historic legal reform aimed at promoting equality and unifying personal rules across religious communities. The UCC aims to standardize rules covering marriage, divorce, inheritance, succession, and adoption, guaranteeing that all citizens receive equal treatment regardless of religion, caste, or gender. The proposal for UCC in Uttarakhand has prompted heated controversy, notably over the potential impact on religious freedom and minority rights. The essay dives into the historical context, political and social factors, and legal ramifications of the UCC, including the exemption of Scheduled Tribes and the regulation of live-in relationships. It also looks at potential hurdles, such as criticism from religious organizations, as well as constitutional concerns about the state’s authority to implement such a code.
Keywords:
- Uniform Civil Code (UCC)
- Personal Laws
- Religious Freedom
- Legal Reform
- Legal Autonomy
Introduction:
The Uniform Civil Code (UCC) is a proposal in India to replace personal laws based on religious customs and traditions with a common set of laws that governing all the citizens of India, irrespective of their religion. This is meant to ensure equality and social justice by having one set of laws for all, particularly in areas such as marriage, divorce, succession, inheritance, and adoption. Uniform civil code is under the Article 44 of Indian Constitution in Part IV of Directive Principles of State Policy. This article mandates the State to take steps toward developing a standard civil code across India. Two objections were raised in the Constituent Assembly against the creation of a single civil code applicable throughout India. First, it would violate the fundamental right to religious freedom guaranteed by Article 25, and second, it would constitute a tyranny over the minority.
Uttarakhand became the first state in India to adopt the Uniform Civil Code on January 27, 2025, was announced by Chief Minister Pushkar Singh Dhami. This landmark reform systematize laws related to marriage, divorce, inheritance, and succession, promoting equality across gender and religion, excluding scheduled tribes. Uttarakhand made history. It was Previously declared by Chief Minister Pushkar Singh Dhami, this historic change aims to provide equality for all citizens, irrespective of gender, caste, or religion, and to harmonise civil laws.
Historical background:
Uttarakhand is an multi religious population state, it has faced the challenges of managing religious diversity in personal matters such as marriage, inheritance, and divorce as long. Also laws across different communities often favour men, especially in areas like property inheritance and divorce. There is no equal rights to women in all communities, ensuring fairness and justice.
The concept of UCC has been debated for decades, but its practical application has met resistance due to India’s diverse religious and cultural milieu. The notion was first advocated by the “Law Commission of India” and other reformers, but religious organizations, particularly the Muslim minority, have frequently expressed concerns about its potential contradiction with their own laws (for example, Islamic law on marriage, inheritance, and so on).
Proposal for UCC in Uttarakhand (2020–2021):
In 2020, Uttarakhand’s Chief Minister, Trivendra Singh Rawat, indicated that the state government would study the feasibility of introducing a “Uniform Civil Code”. This announcement comes after the installation of UCC in other regions, such as “Goa,” which already has a civil code that applies to all inhabitants, regardless of religion. The suggestion was part of a push to promote equality and ensure that all residents face the same legal framework in personal concerns. This was considered as a strategy to improve national integration and reduce disagreements over personal laws.
Reason for proposal:
Uniformity in Legal Systems:
Advocates of the UCC believe that it would simplify legislation, minimize ambiguity, and provide equal treatment for all citizens, regardless of religion. Personal laws, which differ by community, can lead to discrimination, particularly when it comes to problems such as inheritance, marriage age, divorce, and so on.
Cultural and Religious Integration:
With the increase of The UCC’s goal is to provide a common framework that crosses religious borders and encourages togetherness.
Pressure from Hindu Right-Wing Groups:
There has been increasing pressure from right-wing groups in India, particularly those with political power in states such as Uttarakhand, to support UCC as a measure to address perceived inequalities between religious communities, particularly where personal laws differ.
Bills:
The Uttarakhand Legislative Assembly has passed the Uniform Civil Code (UCC) of Uttarakhand Bill, 2024, which attempts to consolidate rules governing marriage and property inheritance. To become law, the Bill simply needs to be signed by the President. However, one worrying aspect of the Bill is the requirement to register live-in relationships, which will be criminalized if certain circumstances are not followed. This approach not only undermines individual autonomy, but it also calls into question the role of the state in regulating personal relationships.
Why was the Bill Sent for President’s Approval?
Ambiguous Subject Matter: According to Article 162 of the Indian Constitution, a state’s executive power extends to subjects where the state legislature has the authority to pass laws. In light of the requirements of Entry 5 of the Concurrent List of the Seventh Schedule, the formation of a Committee to introduce and execute the Uniform Civil Code (UCC) cannot be challenged as ultra vires.
The fifth entry on the Concurrent List specifies “marriage and divorce, infants and minors, adoption; wills, and succession, joint family and partition like all matters in respect with the parties which are in judicial proceedings were immediately prior to the commencement of this Constitution subject to their personal law.”
Governors have the power to reserve bills for presidential consideration. The reservation is required when a statute passed by the state legislature threatens the position of the state supreme court. However, the governor may reserve the bill if it is of the following nature:
*Constitutional provisions are violated.
*The DPSP is opposed.
*The larger interest of the country is harmed.
*The purchase of property is compulsory under Article 31A of the Constitution.
In this case, the measure overrides many national laws, including the Special Marriages Act of 1955, the Hindu Marriage Act of 1955, and the Shariat Act of 1937, and was therefore referred to the President for approval before being implemented.
Time line:
Cabinet Proposal: March 2022
The Uttarakhand Cabinet has approved the creation of an expert group to design the UCC.
Formation of Expert Committee: May 27, 2022
Ranjana Prakash Desai, a retired Supreme Court judge, was appointed chairwoman of the committee.
Draft Submission: February 2, 2024
A thorough draft was provided following extensive talks with diverse groups.
Legislative Approval: February 2024
The Uttarakhand Assembly passed the UCC Bill with overwhelming support.
Presidential Assent: March 2024
President Droupadi Murmu gave her approval, clearing the road for statewide implementation.
Final Implementation: January 27, 2025
Chief Minister Pushkar Singh Dhami declared this as the official implementation of UCC on Uttarakhand.
Rules and Regulations:
UCC Marriage Laws:
According to the Act, marriage in the state will only be performed between consenting individuals who are also mentally sound enough to enter into a legally binding marriage contract. It states that men must be at least 21 years old, while women must be at least 18. In addition, weddings must be recorded within 60 days, and the sub-registrar must issue decisions on applications within 15 days. Failure to do so will result in the matter being immediately forwarded to the registrar. The UCC will also streamline the legal processes involved in testamentary succession. It will make it easier to set up and cancel wills and codicils.All of this is part of a bigger effort to clarify the law for all individuals and ensure that their rights are respected without discrimination.
Exemptions Under the UCC:
The UCC is aimed at fostering harmony and respect for each person’s rights, putting every citizen on equal footing before the law. However, there are some exceptions to the Act, which applies to nearly all Uttarakhand residents. Schedule Tribes are exempted under Articles 342 and 366(25) of the Indian Constitution, as are some protected communities and individuals covered by special laws. The government has also demonstrated a commitment to the
The UCC Portal Launch:
The Uttarakhand government has developed an online platform dedicated to the UCC to make the legal process easier for citizens. Chief Minister Dhami plans to publicly open the UCC Portal on January 27, 2025, at 12:30 p.m. This portal will be a valuable resource for Uttarakhand citizens, allowing them to learn more about the UCC and register relevant legal papers. The state’s ITDA had already conducted a trial run for the portal, and the rollout went smoothly and without incident.
Consensual Relationships:
Overriding Powers to the Registrars: The Bill compels live-in partners to submit a’statement’ to the appropriate Registrar. The Registrar can evaluate the statement and conduct an investigation into the relationship. Furthermore, partners may be compelled to make personal appearances, and the Registrar may refuse to register the partnership. When a relationship ends, notice must be given.
Imposition of Criminal Penalty: The Bill imposes a criminal penalty of imprisonment or fine (or both) if the statement is not filed. False information will result in penalties for the couple. The Registrar will report the couple’s live-in relationship to the appropriate police station.
Infringing on Individual Autonomy: People who live together enjoy autonomy in their consensual partnerships, which a regulated marriage does not. The Bill ignores the fundamental reason for a live-in relationship, which is that it lacks the formal structure and obligations of a marriage. It is not justiciable to erase this important distinction between these institutions.
Inheritance:
The Bill guarantees equal property rights to all sons and daughters, including illegitimate offspring, adopted children, and those born via surrogacy or assisted reproductive technologies. It eliminates the coparcenary system that governs ancestor property under the Hindu Succession Act of 1956. In circumstances of intestate succession, where there is no published will, the Bill provides equal property rights to the spouse, children, and parents, straying from existing personal laws.
Divorce Proceedings:
When it comes to divorce, men and women have similar rights. Adultery, abuse, abandonment, conversion to another faith, mental illness, and other reasons can all be grounds for divorce. It does not recognize the “irretrievable breakdown of marriage,” which refers to a scenario in which the connection between spouses has deteriorated to the point where it cannot be mended or restored, making the continuation of the marriage irrelevant. Furthermore, “voidable” marriages can be cancelled for reasons such as non-consummation, violation of marriage conditions, and so on. Women have specific rights to divorce under the Bill, but only in two circumstances:
- If the husband has been found guilty of rape or any other unnatural sexual violation.
- If the husband has multiple wives. In the event of a divorce, the mother retains custody of any kid under the age of five. However, the Guardians and Wards Act of 1890 will continue to apply to court-appointed guardianships.
Obligation:
‘Totally biased against Muslims’
On Monday (January 27, 2025), renowned Muslim organisation Jamiat Ulema-e-Hind said that it will dispute the judgment in court, claiming that its lawyers have properly reviewed its constitutional and legal issues. On Monday, the BJP-ruled state of Uttarakhand became the first in India to implement the Uniform Civil Code (UCC), which supports equal rules for every citizen across all religions and make uniform on the personal laws of marriage, divorce, and property. In a statement, Jamiat Ulema-e-Hind stated that with its implementation, people’ religious freedom has been violated because the “law is also entirely based on discrimination and bias”. The Jamiat would dispute the verdict in both the Uttarakhand High Court and the Supreme Court, according to the statement.
Conclusion:
The implementation of the Uniform Civil Code (UCC) in Uttarakhand is an important step toward achieving legal uniformity and social equity throughout the state. The UCC works to reconcile religious communities and promote gender equality by attempting to provide equal rights and legal protection, notably in areas such as marriage, inheritance, and divorce. However, its execution has not been without controversy, notably in terms of religious freedoms and individual liberty, as seen in live-in partnerships. The plan has garnered both support and criticism, emphasizing the delicate balance that must be struck between reform and tolerance for religious difference. As Uttarakhand pushes forward with this historic endeavour, the long-term impact on social cohesion, legal equality, and religious harmony has to be seen, with probable legal challenges influencing its future course. Nonetheless, the state’s decision to implement the UCC will surely be a key case study in India’s ongoing arguments over personal laws and constitutional rights.
Bibliography:
Constitution of India – Author: V. N. SHUKLA’S ( 14th Edition)
