Uttarakhand became first state to implement UCC-There was talk if the UCC will be implemented in the state or not. As chief Minister Dhami had promised during election that if re-elected would implement UCC in the state. He appointed a five-member committee led by Justice Ranjana Prakash Desai to draft the code, which received feedback from over 2.3 lakh people, representing nearly 10% of Uttarakhand’s families. January 27 is the day when UCC is implemented in the UttarakhandThough Goa is the only Indian state with a UCC-like framework, having inherited the Portuguese Civil Code. It is often cited as an example for the rest of the country.
The constitution mention in Article 44 of the Directive Principles of State Policy:
“The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
The UCC aims to establish a unified set of personal laws governing matters such as marriage, divorce, inheritance, and live-in relationships for all residents of Uttarakhand, irrespective of religion. Key provisions of the Act include:
- Marriage and Divorce: The Act sets the minimum marriageable age at 21 for men and 18 for women. It mandates compulsory registration of marriages and prohibits practices like polygamy and child marriage. Grounds for divorce are standardized across communities, addressing issues such as cruelty, adultery, and desertion.
- Inheritance and Succession: The Act grants equal inheritance rights to sons and daughters, eliminating distinctions between ancestral and self-acquired property. It establishes a uniform set of rules for inheritance based on the relationship to the deceased, irrespective of religious affiliation.
- Live-in Relationships: The Act mandates the registration of live-in relationships, granting them legal recognition and protecting the rights of individuals in such partnerships. It ensures the rights of children born to partners in registered live-in relationships, including access to inheritance and maintenance.
Uttarakhand became first state to implement UCC
UCC journey
The Uniform Civil Code (UCC) has been a contentious and long-debated topic in India, tracing its origins to the idea of establishing a single set of personal laws for all citizens, irrespective of religion, caste, or gender. Here is an overview of its journey so far:
Let us look at the UCC journey so far-The 740-page draft was brought to the chief minister on February 2, 2024 and it was approved by the cabinet on February 4, tabled in the assembly on February 6, and passed the next day. Governor Lt Gen Gurmit Singh (retd) approved the bill on February 28 and President Droupadi Murmu subsequently signed it on March 11.
Dr. B.R. Ambedkar and others argued for a UCC to promote equality and national integration. However, opposition from religious groups led to its inclusion as a non-enforceable directive principle.
In 2018, the Law Commission stated that a UCC was “neither necessary nor desirable at this stage” but suggested reforms in personal laws to ensure gender justice.
Past cases in the need of UCC
· Shah Bano Case (1985):
- A landmark case where the Supreme Court ruled in favor of Shah Bano, a Muslim woman seeking alimony after divorce.
- The judgment called for the implementation of the UCC to address disparities in personal laws, sparking widespread debate and protests, especially among Muslim groups.
· Sarla Mudgal Case (1995):
- The Supreme Court reiterated the need for the UCC to prevent conflicts arising from personal laws, particularly in cases of polygamy and interfaith marriages.
SC felt the need
- The judiciary, including the Supreme Court and various High Courts, has continued to urge successive governments to work towards implementing the UCC, citing gender equality and uniformity as key reasons.
