Author: Mishti jain, Jigyasa University (formerly Himgiri Zee University), Dehradun
Introduction
India’s legal and social landscape has been transformed by the implementation of the Uniform Civil Code, UCC, in Uttarakhand. It is the first state to introduce the Uniform Civil Code in India and ensure uniform personal laws for all citizens, regardless of their religious beliefs or social classes. This shows that Uttarakhand is committed to promoting equality and simplifying the process.
What’s the Uniform Civil Code?
Indian constitution’s article 44 mentions uniform civil code. A single legal system would replace various religious laws in India, as stated in article 44 of the Constitution.
The Journey in Uttarakhand
Due to the BJP’s campaign in the 2022 Assembly elections, the UCC will be implemented in Uttarakhand with a promise. In light of the success of this party, Chief Minister Pushkar Singh Dhami formed an expert committee of five members, overseen by former Supreme Court Judge Justice Ranjana Prakash Des alias, to formulate the code. After undergoing extensive public consultations and reviewing more than 60,000 responses, it was presented to the legislative assembly in February 2024. It was the historic bill that received an unanimous approval in the legislature.
UCC in Uttarakhand is known for its significant factors.
1. Marriage and Divorce.
Women must marry at 18 and men at 21 to have the option..
All marriages are compulsory registered.
Common excuses for divorce, including malice and sexual assault.
– Rights to leave one’s spouse and children without support.
2. Inheritance and Property Rights.
Both sons and daughters are entitled to inheritance..
A uniform system of property allocation where there is no differentiation between ancestral and self-possessed assets.
3. Live-in Relationships
Identification of registered live-in relationships..
Inheritance and maintenance rights for children born in such relationships.
4. Prohibition of Polygamy.
The UCC’s ban on polygamy mandates that all individuals practice monogamous relationships.
Impact on Society.
The UCC’s implementation in Uttarakhand will facilitate:
– Promote gender parity by eliminating discrimination in personal laws.
– Facilitate national integration by harmonizing and unifying different legislative drafts.
Eliminate obstacles in navigating legal matters, such as marriage, divorce and inheritance.
Additionally,
Challenges and Criticism.
Although the UCC in Uttarakhand has been praised as a progressive move, minority groups have expressed their disapproval. According to reports, it constitutes a violation of the cultural and religious rights guaranteed in Article 25 of our constitution. Some have raised doubts about the swiftness of the legislative process and its potential to erode India’s religious affiliation. The “attack” on minority rights has been criticized by leaders such as Asauddin Owaisi, who have called for more inclusive discussions.
Model for the Nation?
The UCC in Uttarakhand is an example of how it can be implemented at the national level. Those who support its use argue that it can be an inspiration for other states and fulfill the constitutional vision of Article 44. The implementation would demand significant public participation to address the concerns of different communities across their territories. However, this is not feasible.
Conclusion
The introduction of the Uniform Civil Code in Uttarakhand represents an ambitious push towards legal parity and social equity. Although the issues persist, it is demonstrating how personal rights can be balanced with overall progress. It depends on public acceptance of the Uniform Civil Code and, crucially, its successful implementation.
FAQS
1. What is Uniform Civil Code (UCC)?
The UCC is a single set of personal laws that are applicable to all residents of Uttarakhand irrespective of religion, caste, gender, or other factors. It governs matters like marriage, divorce, inheritance, and adoption for equality and uniformity.
2. Why was the UCC introduced in Uttarakhand?
The UCC seeks to remove the differences in personal laws based on religion and ensure gender equality, justice, and secularism in the state. Uttarakhand is the first Indian state to implement the UCC.
3. When will the UCC be enforced?
The UCC in Uttarakhand will be implemented from January 2025.
4. What are the main provisions of the UCC?
– marriage and Divorce: uniform minimum age for marriage, 18 for women, 21 for men, mandatory marriage registration, and uniform grounds for divorce. – Inheritance: Equal property rights for sons and daughters irrespective of religious practices. – live-in Relationships: Legal recognition of live-in relationships through mandatory registration, rights to inheritance, and maintenance for partners and children.
– Prohibition of Polygamy: Polygamy is prohibited under the UCC for all. ,
– Maintenance: Spousal and child maintenance is provided even after divorce.
5. Who is exempt from the UCC?
Scheduled Tribes (STs) of Uttarakhand are exempted from the UCC to preserve their customs and personal laws as per their tradition.
6. What will happen if live-in relationships remain unregistered?
Under the new provisions, a live-in relationship, which is not registered, shall invite penalties which can range from fines to even imprisonment.