Uttarakhand's Uniform Civil Code (UCC)

The Uttarakhand Cabinet approved the Uniform Civil Code report submitted to the state government by the UCC panel. The Bill on the same will now be presented in the Assembly for passage as the session begins on February 5.

The UCC Bill

1. Proposal: UCC Bill likely to be passed in Uttarakhand Assembly's session in February 2024.
2. Background: The UCC was a major promise by the BJP in the 2014 and 2022 elections.
3. Event: Discussion on the Uniform Civil Code (UCC) in Uttarakhand by an expert committee (A 5-member committee was set up to draft the UCC legislation)
4. Committee Members: Justice Ranjana Prakash Desai (Retd.), Shatrughan Singh IAS (Retd.), Justice Permod Kohli, social activist Manu Gaur, and VC Surekha Dangwal.
5. Public Engagement: Received over 2.15 lakh suggestions and held 38 public meetings.
6. Draft Submission: Final report submitted to Chief Minister Pushkar Singh Dhami on February 2, 2024.

Aim of UCC

1. Objective: Replace different personal laws related to marriage, divorce, adoption, and inheritance with a uniform set.
2. Constitutional Basis: Article 44 of the Constitution, part of the Directive Principles of State Policy.
3. Judicial previous case: Various Supreme Court judgments have discussed the balance between fundamental rights and Directive Principles, emphasizing the importance of a UCC.

Debate and Opposition

1. Constituent Assembly Debate: Intense discussions on whether UCC should be a fundamental right or a directive principle.
2. Opposition: Concerns over diluting the rights of religious minorities and affecting India's diversity.
3. Support: Arguments for UCC focusing on social reform and equality, especially for women.

Uttarakhand's Initiative

1. Expert Committee: Formed in June 2022 to examine the implementation of UCC in Uttarakhand.
2. Political Opposition: Allegations from Congress and concerns from tribal communities and Muslim nomadic tribes.
3. Expected Changes: Gender equality in inheritance, revocation of practices like polygamy, iddat, and triple talaq. Mandatory registration of live-in relationships.

Supreme Court and Law Commission

1. Supreme Court: Refused to issue directives for UCC, emphasizing it's the Parliament's domain. Highlighted Goa as a unique case of UCC.
2. Law Commission: Initially considered UCC unnecessary, later asked for public opinion for a fresh deliberation.

Uniform Civil Code in Goa

1. Goa is the only state in India that has a uniform civil code regardless of religion, gender, caste. Goa has a common family law. Thus, Goa is the only Indian state that has a uniform civil code. In Goa Hindu, Muslim, Christians all are bound with the same law related to marriage, divorce, succession.
2. When Goa became a part of union territory in 1961 by the virtue of the Goa Daman and Diu administration act 1962 the parliament authorized the Portuguese civil code of 1867 to Goa and shall be amended and repealed by the competent legislature.

Future Prospects

1. Other States: Madhya Pradesh and Gujarat considering similar initiatives.
2. Central Government: Strong advocacy from Prime Minister Modi and Home Minister Amit Shah, emphasizing the need for a UCC.

Conclusion

UCC in Uttarakhand: Aims to ensure gender equality and uniformity in personal laws across all religions.

Political and Social Dynamics: Faces opposition and debate but moves forward as part of broader governance and legal reform efforts.

 

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