Author: Riya S. Rane, Hindi Vidya Prachar Samiti’s College of Law
To the Point
The enactment of the Uniform Civil Code (UCC) by the State of Uttarakhand in 2024 marks a watershed moment in Indian constitutional history. For the first time since independence, a State has operationalised Article 44 of the Constitution by legislating a common framework governing marriage, divorce, succession, live-in relationships, and inheritance, transcending religious personal laws. While hailed as a step towards equality and national integration, the UCC has also ignited intense constitutional, social, and legal debate concerning federalism, religious freedom, and individual autonomy.
Use of Legal Jargon
The Uniform Civil Code refers to a codified set of secular laws applicable uniformly to all citizens irrespective of religion, superseding divergent personal laws. Rooted in Article 44 of the Directive Principles of State Policy, the UCC aims to ensure substantive equality, gender justice, and legal uniformity. The Uttarakhand UCC raises critical questions related to legislative competence, reasonable classification under Article 14, freedom of religion under Articles 25–28, and the scope of State intervention in personal laws.
The Proof
The Uttarakhand Uniform Civil Code Act, 2024 introduces several transformative provisions:
1. Uniform Marriage and Divorce Laws
The Act standardises conditions for marriage, divorce, and judicial separation, abolishing religiously distinct practices such as unilateral divorce.
2. Abolition of Polygamy
Polygamy is prohibited across all communities, reinforcing monogamy as a universal legal norm.
3. Equal Inheritance Rights
The Act ensures gender-neutral succession, dismantling discriminatory inheritance frameworks prevalent in certain personal laws.
4. Regulation of Live-in Relationships
Mandatory registration of live-in relationships seeks legal recognition but raises privacy concerns.
5. Applicability to All Citizens (Except Scheduled Tribes)
The exclusion of Scheduled Tribes reflects constitutional sensitivity under Articles 244 and 342.
These provisions collectively demonstrate the State’s intent to prioritise constitutional morality over religious morality, a principle consistently upheld by the Supreme Court.
Abstract
The Uniform Civil Code has remained one of the most debated yet unrealised constitutional aspirations in India. Uttarakhand’s enactment serves as a constitutional laboratory, testing whether uniformity can coexist with pluralism. This article critically examines the constitutional validity of the Uttarakhand UCC, its alignment with fundamental rights, and its broader implications for Indian federalism and secularism. While the Code advances gender justice and legal certainty, concerns regarding privacy, religious freedom, and excessive State control persist. The success or failure of this experiment may significantly influence future UCC legislations across India.
Case Laws
1. Mohd. Ahmed Khan v. Shah Bano Begum (1985)
The Supreme Court emphasised the desirability of a Uniform Civil Code to promote national integration and gender justice.
2. Sarla Mudgal v. Union of India (1995)
The Court condemned the misuse of personal laws and reiterated the urgent need for UCC implementation.
3. John Vallamattom v. Union of India (2003)
The Court held that personal laws cannot override constitutional principles of equality.
4. Joseph Shine v. Union of India (2018)
Reinforced constitutional morality and individual autonomy over patriarchal social norms.
5. Shafin Jahan v. Asokan K.M. (2018)
Affirmed the right to choose a partner as intrinsic to personal liberty under Article 21, relevant to UCC’s regulation of relationships.
Conclusion
The Uniform Civil Code enacted by Uttarakhand represents a bold constitutional step towards harmonising personal laws with fundamental rights. While it undeniably strengthens gender equality and legal uniformity, its long-term legitimacy will depend on judicial scrutiny, societal acceptance, and sensitive implementation. The challenge lies in ensuring that uniformity does not translate into coercion. As India balances diversity with constitutional unity, the Uttarakhand UCC may well become the blueprint—or the cautionary tale—for future legal reforms.
FAQS
Q1. Is the Uniform Civil Code mandatory across India?
No. Currently, the UCC is implemented only in Uttarakhand. Article 44 is a Directive Principle, not enforceable by courts.
Q2. Does the UCC violate religious freedom?
The UCC regulates secular aspects of personal law. Courts have consistently held that essential religious practices are protected, not all personal laws.
Q3. Why are Scheduled Tribes excluded from the Uttarakhand UCC?
To preserve their distinct cultural identity as recognised under the Constitution.
Q4. Can other States enact their own UCC?
Yes. Personal laws fall under the Concurrent List, allowing States to legislate.
Q5. Is the Uttarakhand UCC constitutionally valid?
Its validity will ultimately be determined by the judiciary, especially in light of Articles 14, 21, and 25.
