The recently passed bill on Uniform Civil Code (UCC) by the Uttarakhand Assembly marks a historic moment, positioning Uttarakhand as the first state in independent India to embrace the UCC. This legislation introduces uniform rules governing critical aspects of personal life — marriage, divorce, inheritance, and live-in relationships — for all residents of Uttarakhand, irrespective of their religious affiliations (with the exception of Scheduled Tribes). The foundation of this bill lies in Article 44 of the Constitution, which encourages the state to work towards a uniform civil code across the nation. But what exactly is the UCC?
The UCC represents a vision of legal uniformity, transcending religious boundaries. It seeks to replace the existing patchwork of personal laws — shaped by diverse religious practices — with a single, comprehensive legal framework. By doing so, the UCC aims to foster social harmony, gender equality, and secular principles.
Historical Perspectives on UCC
During British rule, the diverse personal laws based on religious customs and traditions created fragmentation. In response, the idea of a UCC emerged, aiming to promote a uniform civil identity. Goa, under Portuguese rule until 1961, implemented a UCC based on the Portuguese Napoleonic Code demonstrating the feasibility of such a system. Jawaharlal Nehru, with his visionary outlook, considered the UCC essential for nation-building, emphasizing equality and unity. Notably, the Shah Bano Case (1985) underscored the need for a UCC to ensure gender justice and equal rights for women across religious communities. These historical threads intertwine, shaping the ongoing debate around the UCC in India.
Development of Uttarakhand UCC Bill 2024
In May 2022, the Uttarakhand government initiated steps to implement the UCC — a key electoral promise of the Bharatiya Janata Party in the state. The process began with forming an expert committee, led by retired Supreme Court judge Ranjana Prakash Desai. This committee meticulously drafted the UCC provisions aiming to establish uniform laws governing marriage, divorce, land, property, and inheritance for all residents, irrespective of their religious backgrounds.
Fast forward to February 7, 2024, the Uttarakhand Assembly passed the UCC Bill making the state the first state in independent India to adopt the UCC. The legislative session was specially convened for passing the UCC bill, fulfilling the BJP’s promise from the 2022 Assembly polls.
Key Provisions of the Uttarakhand UCC Bill 2024
Applicability: The bill applies to all residents of Uttarakhand (except Scheduled Tribes) regardless of their religion or faith. It provides for uniform rules governing marriage, divorce, inheritance, and live-in relationships.
Live-in Relationships: The bill contains provisions for live-in relationships. This approach contradicts the Supreme Court’s position on the freedom of consenting adults to form legitimate “intimate associations” and the inviolability of an individual’s core zone of privacy.
Prohibition of Bigamy or Polygamy: Addressing the practice of polygamy, the bill clearly states that it’s invalid and illegal.
Legal Recognition of Children: The bill provides for equal treatment of legitimate and illegitimate children. Moreover, the bill abolishes the concept of Illegitimate Children.
Inheritance: The bill provides for equal property rights for sons and daughters.
Criminalization of Some Marriage Practices: There has been an indirect punitive approach towards certain prejudicial practices prevalent in the country.
Divorce Proceedings: There have been certain changes in the period for the initiation of divorce proceedings and also the scope of grounds of seeking divorce has been widened.
Conclusion
While the nation proudly wears the secular mantle, it harbors a fascinating exception: personal laws. These laws, intricately tied to religious traditions, govern matters of marriage, inheritance, and family relations. It’s a harmonious cacophony, where diversity thrives even amidst uniformity. So, while India’s courts uphold the scales of justice, they should also honor the kaleidoscope of beliefs.
References:
UCC draft approved by Uttarakhand Cabinet, set to be tabled in Assembly (2024). The Indian Express. For more details, https://indianexpress.com/article/india/ucc-draft-uttarakhand-cabinet-approval-eve-special-assembly-session-9144101/#:~:text=It%20was%20in%20May%202022,Court%20judge%20Ranjana%20Prakash%20Desai
Vidhan Bharat 
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