Uttarakhand Uniform Civil Code now becomes a LAW

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Uttarakhand Uniform Civil Code now a LAW

The Uttarakhand Uniform Civil Code (UCC) has become law after receiving approval from President Droupadi Murmu, making Uttarakhand the first state in independent India to implement a UCC. The UCC provides a common set of laws governing marriage, divorce, inheritance, and other personal matters for all citizens, irrespective of religion. This landmark legislation stems from Article 44 of the Constitution which directs the state to secure a UCC for all citizens.

What is the Uttarakhand’s Uniform Civil Code (UCC)?

The Uttarakhand UCC is a law that establishes uniform rules related to marriage, divorce, succession, and other personal matters for all residents of the state, except Scheduled Tribes. It replaces the various religious personal laws with a common civil code. The key objectives of the UCC are:

Promote equality before the law irrespective of religion
Provide gender justice and protect the rights of women
Simplify and standardize the complex personal law system
Achieve social integration and reduce religion-based discrimination

Uttarakhand UCC Law	Details
Marriage Age	21 years for men, 18 years for women
Mandatory Marriage Registration	All marriages must be legally recognized within 60 days, with penalties for non-compliance.
Divorce and Maintenance	Divorce is granted by court on specific grounds. Specifies conditions for divorce and maintenance, ensuring rights for both men and women.
Live-in Relationships	Must be registered with authorities. Imposes an obligation to register live-in relationships, defining them as a relationship between a man and a woman cohabiting in a shared household. Fails to include LGBTQIA+ community members.
Inheritance and Property Rights	Equal rights for sons and daughters. Abolishes the coparcenary system, ensuring equal property rights for sons and daughters and eliminating the distinction between legitimate and illegitimate children. Stipulates equal inheritance rights, with the property to be divided equally among immediate family members or as per the scheme of intestate succession.
Adoption Rights	Allowed for all, including Muslims. Grants adoption rights to everyone, including Muslim women, and treats adopted children equally with biological children.
Legal Recognition of Children	Extends legal recognition to children born in void and voidable marriages, as well as those born in live-in relationships.
Ban on Polygamy and Child Marriage	Prohibits polygamy and child marriage, aiming to promote gender equality and social cohesion.
Ban on Halala and Iddat	Seeks to ban Islamic practices such as halala and iddat, simplifying divorce and remarriage procedures.
Exemption for Tribal Communities	Exempts tribal communities, constituting 2.9% of Uttarakhand’s population

How does the Uttarakhand’s UCC affect marriage, divorce, and inheritance laws?

The Uttarakhand UCC introduces several progressive changes to marriage, divorce, and succession laws:

It establishes 21 years as the minimum marriageable age for men and 18 years for women across all religions. Child marriages are prohibited and criminalized.
All marriages must be compulsorily registered within 60 days. Unregistered marriages can attract penalties.
Specific grounds for divorce are laid down, such as adultery, cruelty, desertion etc. Divorce can only be granted by a court.
The UCC mandates registration of live-in relationships and extends legal recognition to children born from such relationships. However, live-in relationships in the prohibited degrees are not allowed.
It removes the concept of ‘illegitimate children’ and provides equal rights to children born out of wedlock.
The UCC grants equal inheritance rights to sons and daughters. It also gives the deceased person’s spouse and parents an equal share in the property.
Adoption is made legal for all persons, including Muslims. The UCC simplifies the adoption procedure.

What are the criticisms and controversies surrounding the Uttarakhand’s UCC?

While the stated objectives of the UCC are progressive, it has attracted criticism from certain quarters, especially religious minorities:

Some Muslim leaders see the UCC as an encroachment on their religious freedom and personal laws. They argue that practices like polygamy and halala are intrinsic to Islam.
Critics point out that the UCC is not truly ‘uniform’ as it exempts Scheduled Tribes and does not apply to issues like the Hindu Undivided Family.
Concerns have been raised that the mandatory registration of live-in relationships could lead to moral policing and targeting of inter-faith couples.
Women’s rights activists argue that the UCC does not go far enough in addressing gender inequalities in existing laws related to marriage, divorce, maintenance etc.
The UCC’s provisions related to adoption and succession are seen as an attempt to homogenize the diverse cultural practices of different communities.

How will the Uttarakhand’s UCC be implemented and enforced?

The Uttarakhand government has constituted a Rules Making and Implementation Committee to frame the rules and regulations for operationalizing the UCC. This committee will also oversee the setting up of the required administrative machinery.

The Uttarakhand’s UCC Law will be enforced through the existing judicial system, with family courts being the main forum for adjudicating disputes. The government plans to appoint special judges and train them in the new law.

However, the actual implementation of the UCC could face challenges, such as:

Lack of awareness among the public about the provisions of the law
Resistance from religious bodies and traditional power structures
Inadequate state capacity to handle the increased volume of cases
Potential for misuse of certain provisions like live-in registration

What does the UCC mean for India’s legal and social landscape?

The enactment of the UCC in Uttarakhand marks a significant step towards the long-standing constitutional goal of a uniform civil code for all citizens. It could pave the way for similar laws in other states and eventually a national-level UCC.

Proponents argue that the UCC is essential for promoting equality, unity, and modernity in India’s diverse society. They believe it can reduce religious and gender discrimination, simplify the legal system, and aid national integration.

But, critics caution that a hastily drafted UCC imposed from above could undermine India’s pluralistic ethos and lead to a homogenized notion of Indian identity. They emphasize the need to evolve a consensus through democratic deliberation and preserve the positive aspects of community-specific personal laws.

Final Thoughts

The Uttarakhand UCC is a bold and historic reform that seeks to fulfill the constitutional mandate of a uniform civil code. It has the potential to promote gender justice, simplify the legal system, and reduce religious discrimination.

But, the UCC also raises valid concerns about preserving India’s religious and cultural plurality. Its success will depend on its fair and sensitive implementation, as well as its ability to balance the competing imperatives of uniformity and diversity.