NEW DELHI: Uttarakhand is set to create history on Monday by becoming the first state in post-independence India to implement the Uniform Civil Code (UCC). Chief Minister Pushkar Singh Dhami will officially launch the UCC portal and issue a notification marking the adoption of the civil code, after the completion of training of government employees, mock drills and test sessions.
“The implementation of the UCC represents an important milestone as it makes the Himalayan state the first in the country to adopt this progressive legislation since independence,” Dhami said.
CM Dhami said the UCC was drafted after extensive consultations with experts, locals and representatives of various communities, with an aim to achieve uniformity in the society and empower women.
What is the UCC and what does it mean?
The UCC addresses various social issues, including marriage, divorce, inheritance and cohabitation relationships. Key aspects of the law include the registration of marriages, divorces and cohabiting relationships to ensure equal property rights and protect the rights of children, with penalties for non-compliance.
The UCC is a set of laws that aims to standardize personal laws across religions. The measure has sparked both support and criticism, with proponents advocating for equality and opponents warning of potential social divisions.
The UCC clarifies the legal requirements for marriage, stating that only mentally capable persons aged 21 (for men) or 18 (for women) who are not yet married can enter into a union. Marriages may be celebrated according to religious customs, but registration will be mandatory to ensure legal recognition.
The law also addresses issues related to the creation and cancellation of wills and codicils in matters of testamentary succession. Marriages solemnized before March 26, 2010, or those out of state, will be eligible for registration if they meet legal requirements.
Criticism of the UCC
Opposition leaders have criticized the UCC, arguing that it may lead to social division along religious lines and that it could be impractical and overly ambitious.
The debate around the UCC extends beyond Uttarakhand as Article 44 of the Indian Constitution calls for a uniform civil code across the country. Prime Minister Narendra Modi has referred to the Supreme Court’s direction on the need for a common code, emphasizing that fulfilling the vision of the framers of the Constitution remains a national objective.
Uttarakhand’s implementation of the UCC is likely to set a precedent, with other states potentially following suit. The success of the law’s implementation will depend on its ability to balance individual rights and social harmony.
While Uttarakhand is at the forefront of this legal revolution, the coming weeks will offer a clearer picture of how the UCC will be received, both in the state and across India. The state’s experience with the UCC will undoubtedly shape the future of personal law reform in the country.
What is the implementation process?
Secretary (Home) Shailesh Bagauli said the government will issue two notifications – one for implementation of UCC and another for rules and regulations, officially launching UCC in the state.
Dhami had promised to implement the UCC if he was re-elected during the 2022 state elections. After becoming CM, he appointed a five-member committee headed by Justice Ranjana Prakash Desai to draft the code, which received comments from over 2.3 lakh of people, making up almost 10% of Uttarakhand’s families.
The 740-page draft was presented to the prime minister on February 2, 2024, approved by the cabinet on February 4, presented in the assembly on February 6 and approved the next day. Governor Lieutenant General Gurmit Singh (retd) approved the bill on February 28 and President Droupadi Murmu subsequently signed it on March 11.