The nine-member panel in Uttarakhand, accountable for framing rules and procedures for enforcing the Uniform Civil Code (UCC) Act, released its conclusions on the official website on Friday.
Shatrughan Singh, the former Chief Secretary who oversees the panel, stressed that the law would ensure the privacy of couples in live-in relationships.
However, he noted that parents of couples aged 18-21 would be notified since this age group is only partially mature.
During the panel’s field visits, registration occurred as a frequent concern. Singh explained that registration offers security coverage and helps create a database for future reference.
This database would be helpful if any matter is challenged in court, allowing the judiciary to make educated decisions.
Uttarakhand’s Scheduled Tribes (ST), such as the Jaunsari, Bhotiyas, Tharu, Raji, and Buksa, who comprise 3% of the state’s population, are currently excluded from the UCC’s jurisdiction.
Singh said that tribal communities have been allowed to consent to be governed by the UCC, though they are excluded for the time being.
Singh mentioned that Chief Minister Pushkar Singh Dhami aims to present the UCC in October, ushering efforts toward promptly completing the rules and manuals.
Addressing concerns raised by religious groups, Singh said that the panel studied texts from both Muslim and Hindu traditions before concluding the UCC draft.
The 740-page draft was presented to the Chief Minister by a five-member panel on February 2. It was approved by the cabinet on February 4. It was then tabled in the Uttarakhand assembly on February 6 and approved the next day.
Governor Lt. Gen. Gurmit Singh (retd) granted assent on February 28, and President Droupadi Murmu signed the bill on March 11.
Following the President’s approval, a nine-member panel was established to prepare implementation rules for the UCC Act.
During the 2022 state assembly elections, Dhami had promised to implement the UCC if re-elected.
The state government formed a five-member panel led by retired Supreme Court judge Justice Ranjana Prakash Desai to draft the UCC. This process involved extensive public consultations, receiving input from over 2.3 lakh people and conducting 72 meetings.
The UCC Act encompasses seven schedules and 392 sections, addressing marriage, divorce, inheritance, and live-in relationships.
It aims to eliminate practices like polygamy, polyandry, halala, iddat, and talaq while ensuring equal property rights for sons and daughters and protecting the rights of unborn children.
Uniform Civil Code of Uttarakhand Act
The Uniform Civil Code of Uttarakhand Act 2024 is a legislative measure that establishes a uniform set of personal laws governing marriage, divorce, adoption, inheritance, and maintenance for all Uttarakhand citizens, regardless of religion, gender, caste, or sex.
Chief Minister Pushkar Singh Dhami has hailed it as a historic moment for the country, making Uttarakhand the first state in India to enact such a law.
Article 44 of the Indian Constitution mandates that the state should strive to implement a Uniform Civil Code.
Implementing the UCC in Uttarakhand was a significant promise made by the Bharatiya Janata Party (BJP) during the 2022 Uttarakhand Legislative Assembly Elections.
In 2022, the Uttarakhand government formed a five-member expert committee headed by former Supreme Court judge Ranjana Prakash Desai to draft the UCC law for the state.
The committee solicited public suggestions, receiving 60,810 input on drafting and implementation. The report was submitted to Chief Minister Pushkar Singh Dhami on February 2, 2024, and approved by the Council of Ministers on February 4.
The Uniform Civil Code Act 2024 applies to all individuals residing in Uttarakhand, except for members of Scheduled Tribes.
The Act establishes a typical minimum marriageable age of 18 years for women and 21 years for men. It mandates the compulsory registration of all marriages to ensure legal recognition and transparency.
Specific grounds for divorce are outlined, addressing issues like cruelty, adultery, desertion, and mental illness.
The Act also provides for spousal and child maintenance post-divorce, ensuring financial support and welfare of dependents.
Equal inheritance rights are granted to sons and daughters, abolishing the distinction between ancestral and self-acquired property.
The Act establishes standard rules for inheritance based on the deceased’s relationship, regardless of religious affiliation, simplifying the legal process and avoiding complexities from diverse personal laws.
The UCC also requires the registration of live-in relationships, providing legal recognition and protecting individual rights.
It acknowledges the rights of children born to partners in registered live-in relationships, ensuring their access to inheritance, maintenance, and other benefits.
Additionally, it provides maintenance for deserted partners in live-in relationships.
The UCC prohibits polygamy for all individuals, promoting monogamy and gender equality. It reiterates the national ban on child marriage and determines court jurisdiction in UCC-related matters.
Members of Scheduled Tribes are excluded from the Act’s provisions, allowing them to continue following their customary laws in personal matters.
The passage of the UCC Act in Uttarakhand has received mixed reactions. The BJP and its allies view it as a progressive step towards equality, national integration, and a simplified legal system.
However, opposition parties argue that the UCC infringes on the religious and cultural rights of minorities, mainly regarding marriage, inheritance, and personal laws. They express concerns about the potential homogenization of diverse traditions and disruption of social harmony.
Chief Minister Dhami called the bill’s passage “historic,” while the opposition criticized the lack of sufficient discussion time.
Muslim community leaders expressed concerns about the UCC’s impact on their personal laws, fearing it might undermine their cultural identity and traditions.
All India Majlis-e-Ittehadul Muslimeen president Asaduddin Owaisi called the UCC an “attack” on minorities’ religious and cultural rights, claiming it imposes a Hindu code on all citizens and neglects diverse personal laws.
He also questioned the UCC’s constitutionality, asserting it violates Articles 25 and 29, which guarantee freedom of religion and cultural rights.