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The Uttarakhand government, under Chief Minister Pushkar Singh Dhami, has inched closer to implementing the Uniform Civil Code (UCC). On Tuesday, the state government tabled the Uniform Civil Code Bill in the legislative Assembly. The state cabinet had on Sunday approved the UCC panel’s draft report submitted by a five-member committee headed by retired Supreme Court judge, Justice Ranjana Desai. Here’s a look at what the draft Bill proposes.
What is UCC?
Uniform Civil Code is a proposal that aims to replace personal laws based on religions, customs, and traditions with one common law for everyone – irrespective of religion, caste, creed, sexual orientation or gender.
The UCC is mentioned in Part IV of the Constitution, according to which “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
What does the Uttarakhand UCC Bill propose?
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The Bill, once passed, will reportedly establish a legal framework encompassing marriage, divorce, land, property and inheritance laws, irrespective of religious affiliations. According to the Bill, live-in relationships will also need to be registered.
Among its many proposals is a complete ban on polygamy and child marriage, a standardised marriageable age for girls across all faiths, and a uniform process for divorce.
The Bill encompasses various facets of civil life, with recommendations extending to inheritance rights, mandatory marriage registration, and an increased marriageable age for girls, facilitating their pursuit of education before marriage.
Additionally, couples failing to register their marriages will be ineligible for government facilities, in what is being seen as a push for legal documentation.
If enacted, Uttarakhand will become the first state in post-Independence India to adopt the UCC, following in the footsteps of Goa, where it has been operational since Portuguese rule.
Who does the Bill not apply to?
The Bill’s provisions will not apply to tribal communities. The UCC Bill says, “Nothing contained in this code shall apply to the members of any Scheduled Tribes… and the persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India.”
Have there been attempts by other states also to bring in a Uniform Civil Code?
Yes. In 2022, when Chief Minister Dhami announced his UCC plan, several Bharatiya Janata Party-ruled states made similar announcements of implementing UCC in their respective states. The states included Himachal Pradesh, Karnataka, Uttar Pradesh, Madhya Pradesh and Assam. While the BJP lost elections in Himachal Pradesh and Karnataka, the other four states are going ahead with the announcement.
What did the Uttarakhand UCC committee do?
According to the NDTV, a government-appointed panel, led by retired Supreme Court judge, Justice Ranjana Prakash Desai, drafted a four-volume, 749-page report containing several recommendations. The panel collected 233,000 pieces of written feedback online and organised more than 70 public forums. During these meetings, panel members engaged with roughly 60,000 people to help develop the draft.
