Uttarakhand Implements Uniform Civil Code: Bill Explained

A government-appointed group, led by retired Supreme Court judge Ranjana Prakash Desai, has issued a four-volume, 749-page report that includes various suggestions

New Delhi: The Uttarakhand administration proposed legislation on the Uniform Civil Code (UCC) in the state Assembly today. Chief Minister Pushkar Singh Dhami, who is at the forefront of this movement, stated on Monday that the proposed UCC will not only be “for the good of all sections” but will also align with Prime Minister Narendra Modi’s vision of ‘Sab ka Saath, Sab ka Vikas’ and ‘Ek Bharat, Sreshtha Bharat.’

A government-appointed group, led by retired Supreme Court judge Ranjana Prakash Desai, has issued a four-volume, 749-page report that includes various suggestions. The panel gathered 2.33 lakh pieces of written feedback online and hosted over 70 public forums. During these meetings, panel members worked with about 60,000 people to prepare the draft.

Among the other recommendations in the UCC are a total prohibition on polygamy and child marriage, a uniform divorce procedure, and a standard age for girls to marry in all major religions. The special four-day assembly session that started yesterday and ends on Thursday will discuss these recommendations, which are meant to promote social cohesion and gender equality.

The UCC draft addresses a number of civil life issues, including inheritance rights, marriage registration requirements, and raising the marriageable age of girls to encourage them to pursue higher education prior to marriage. Additionally, in what is perceived as a drive for legal documentation, couples who choose not to register their weddings will not be permitted to use government facilities.

Although the public is not aware of the draft’s details, rumors indicate that it will create a legal system that covers rules related to marriage, divorce, land, property, and inheritance regardless of one’s religious beliefs. If the UCC is implemented, Uttarakhand will follow in the footsteps of Goa, where it has been in place since the Portuguese era, becoming the first state in post-independence India to do so.

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The proposed Uttarakhand UCC extends adoption rights to all people, especially Muslim women, and transcends religious borders. It aims to outlaw Islamic customs like halala and iddat, which a woman must follow after her spouse dies or gets divorced, encourage live-in declarations, and streamline adoption processes.

Recent political events in Pakistan have revolved on the practice of iddat; the wife of imprisoned former prime minister Imran Khan, Bushra Khan, is accused of having skipped the waiting period following her divorce from her first husband and marriage to Khan in 2018.

Legal registration of live-in relationships will be required with the proposed UCC’s implementation. According to legal experts, men and women would both profit from such relationships being registered.

“There would also be a decrease in female-registered false cases. In such circumstances, legal sanctity will now exist,” former Uttarakhand DGP Ashok Kumar told NDTV. 

Population control measures and the Scheduled Tribes, who make up 3% of Uttarakhand’s population, are not included in the draft.

The removal of discrimination between legitimate and illegitimate offspring, equal property rights for sons and daughters, and equal treatment for adopted and biologically born children are some of the other important aspects of the UCC. Unlike earlier laws that restricted these rights, the proposed UCC guarantees equal property rights for parents, children, and spouses in the event of a person’s death.