Uttarakhand has become the first Indian state to officially implement a Uniform Civil Code (UCC), marking a significant step towards creating a common legal framework for all citizens. While Goa has long followed a form of UCC inherited from Portuguese rule before India’s independence, Uttarakhand’s adoption of UCC is the first instance of implementation in a state post-independence.
The foundation for a Uniform Civil Code is enshrined in Article 44 of the Indian Constitution, which directs the state to strive for a uniform set of laws governing personal matters such as marriage, divorce, inheritance, and adoption. Dr. B.R. Ambedkar, the principal architect of the Constitution, strongly advocated for UCC. However, political resistance, notably from then-Prime Minister Jawaharlal Nehru, stalled its implementation.
The demand for UCC resurfaced prominently during the Shah Bano case in 1985, when the Supreme Court’s decision to grant alimony to a divorced Muslim woman was overturned by the Rajiv Gandhi-led Congress government under pressure from religious groups. Since then, the judiciary has repeatedly urged successive governments to implement UCC. The Modi-led National Democratic Alliance (NDA) government has shown greater willingness to advance this agenda, culminating in Uttarakhand’s move.
The UCC in Uttarakhand encompasses significant changes aimed at ensuring equality and justice across all communities. Here are the major provisions:
- Marriage: Polygamy and polyandry are prohibited, and all marriages must be registered within 60 days.
- Live-in Relationships: These relationships must be registered to provide legal recognition and rights.
- Inheritance: Muslim communities, previously limited to bequeathing only one-third of their property, can now transfer any amount through wills.
- Divorce: Practices like triple talaq, iddat, and halala are criminalized.
- Guardianship: Mothers will have custody of children under five years of age after divorce.
- Children’s Rights: Legal recognition is extended to children from voidable marriages and live-in relationships.
- Prohibition of Child Marriage: The UCC raises the minimum marriage age to 21 for men and 18 for women.
Uttarakhand’s tribal communities, which constitute about 2.9% of the state’s population, were extensively consulted during the drafting of the UCC. Groups like the Jaunsari, Bhotiya, Tharu, Raji, and Buksa, who have distinct customs such as polyandry and polygamy, were included in discussions to address their cultural concerns.
The implementation of UCC in Uttarakhand aims to create a common legal framework that eliminates discriminatory practices in personal laws. This ensures equal rights for all citizens, regardless of religious background, and aligns with the Supreme Court’s long-standing call for uniformity in laws.
UCC’s implementation in Uttarakhand is a landmark development that could set a precedent for other states. It represents a step towards fulfilling the constitutional vision of Article 44, fostering national integration, and addressing gender inequality. However, it has also sparked debates on balancing cultural diversity with the principles of equality and justice.
As the nation watches Uttarakhand’s UCC unfold, its success or challenges will likely influence future discourse and decisions on a nationwide implementation of the Uniform Civil Code.
