New Delhi: In a groundbreaking move, the northern Indian state of Uttarakhand has officially become the first in the country to implement the Uniform Civil Code (UCC), marking a historic milestone in post-independence India. Chief Minister Pushkar Singh Dhami inaugurated the UCC portal on Monday, signifying the formal adoption of the legislation following months of rigorous preparation.
The implementation of the UCC is the culmination of extensive efforts, including comprehensive training programs for government officials, mock drills, and dry runs. Highlighting the significance of this initiative, Chief Minister Dhami described the UCC as a progressive reform aimed at fostering societal uniformity and empowering women.
What is the Uniform Civil Code?
The UCC is a set of laws designed to standardize personal legal practices across all religions, addressing issues such as marriage, divorce, inheritance, and live-in relationships. Its key provisions include:
- Marriage and Divorce: Mandatory registration of marriages, divorces, and live-in relationships to ensure equal property rights, legal recognition, and the protection of children’s rights.
- Eligibility for Marriage: Marriage eligibility is restricted to mentally capable individuals aged 21 (for men) and 18 (for women) who are not already married.
- Wills and Inheritance: Simplification of the creation and revocation of wills under testamentary succession laws.
- Legal Registration: Marriages conducted before March 26, 2010, or outside the state may also be registered, provided they meet legal criteria.
Enshrined in Article 44 of the Indian Constitution, the concept of a uniform civil code has long been a subject of national discourse, with its implementation seen as a step toward equality and social justice.
The Path to Implementation
The UCC in Uttarakhand was crafted through an exhaustive consultation process involving experts, local stakeholders, and representatives from various communities. A five-member committee, chaired by Justice Ranjana Prakash Desai, gathered feedback from over 2.3 lakh citizens, accounting for approximately 10% of the state’s families.
The comprehensive 740-page draft was presented to the state government on February 2, 2024. It received swift approval from the cabinet on February 4, was tabled in the legislative assembly on February 6, and passed the following day. After gaining assent from Governor Lt. Gen. Gurmit Singh (Retd) on February 28, the bill was signed into law by President Droupadi Murmu on March 11.
A Polarizing Debate
While the UCC has been lauded by proponents as a landmark reform fostering equality, it has faced criticism from opposition leaders and social groups. Critics argue that the legislation may deepen religious divisions and question its feasibility in a diverse society like India.
The debate extends beyond Uttarakhand, with Prime Minister Narendra Modi emphasizing the need for a common code and referencing the Supreme Court’s guidance on its implementation. Advocates see the UCC as fulfilling the constitutional vision of uniform laws, while detractors express concerns over its societal impact.
A Blueprint for Nationwide Reform?
Uttarakhand’s adoption of the UCC sets a potential precedent for other Indian states, with observers closely monitoring its implementation and reception. The success of this initiative will depend on its ability to balance individual rights with societal harmony.
As Uttarakhand leads this transformative shift in personal law, its experience is poised to influence the broader national conversation on legal uniformity and equality. The coming weeks will be critical in assessing how this pioneering legislation shapes the state and the future of legal reform in India.