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Uniform Civil Code of Uttarakhand Act, 2024

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The Uniform Civil Code of Uttarakhand Act, 2024 is a piece of legislation designed to establish a unified set of personal laws governing matters such as marriage, divorce, adoption, inheritance, and maintenance for all citizens of Uttarakhand, irrespective of their religion, gender, caste, or sex.[1][2][3]

The Uniform Civil Code of Uttarakhand Act, 2024
Legislative Assembly of Uttarakhand
  • An Act to govern and regulate the laws relating to marriage and divorce, succession, live-in relationships and matters related thereto.
CitationAct No. 01 of 2024
Territorial extentUttarakhand
Enacted byLegislative Assembly of Uttarakhand
Enacted7 February 2024
Legislative history
Bill titleThe Uniform Civil Code of Uttarakhand Bill,2024
Bill citationBill No. 02 of 2024
Introduced byPushkar Singh Dhami
Introduced7 February 2024
Voting summary
  • 70 voted for
  • None voted against
  • None abstained
Finally passed both chambers7 February 2024
Summary
A Law to govern and regulate the laws relating to marriage and divorce, succession, live-in relationships and matters related thereto.
Status: In force

Uttarakhand is the first state in India to enact a law on the Uniform Civil Code. Chief Minister Pushkar Singh Dhami described it as a "historic moment" for the nation.[4]

Background

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Article 44 of the Constitution of India states that the State shall endeavor to implement a Uniform Civil Code. The implementation of the Uniform Civil Code in Uttarakhand was one of the key promises made by the Bharatiya Janata Party during the 2022 Uttarakhand Legislative Assembly elections.[5]

In 2022, the Government of Uttarakhand established a five-member expert committee, chaired by former Supreme Court judge Ranjana Prakash Desai, to study and draft a Uniform Civil Code (UCC) law for the state.[6]

The committee sought public suggestions and received a total of 60,810 responses regarding the drafting and implementation of the Uniform Civil Code. On 2 February 2024, the committee submitted its report to Chief Minister Pushkar Singh Dhami.[7][8]

On 4 February 2024, the Council of Ministers, led by Chief Minister Pushkar Singh Dhami, approved the committee's report.[9][10]

Provisions

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The Uniform Civil Code Act, 2024, implemented in Uttarakhand, applies to all individuals residing in the state, except members of Scheduled Tribes. Below is a breakdown of its key provisions:

Marriage and Divorce:

  • Minimum Marriageable Age: Establishes a common minimum marriageable age for all genders—18 years for women and 21 years for men—in alignment with existing national legislation.[11]
  • Registration of Marriages: Requires compulsory registration of all marriages with designated authorities to ensure legal recognition and transparency.[12]
  • Grounds for Divorce: Specifies uniform grounds for divorce applicable to all communities, addressing issues such as cruelty, adultery, desertion, and mental illness.
  • Alimony and Maintenance: Includes provisions for spousal and child maintenance after divorce, ensuring financial support and promoting the welfare of dependents.[13]

Inheritance and Succession:

  • Equal Rights: Grants equal inheritance rights to sons and daughters, eliminating the distinction between ancestral and self-acquired property. This ensures gender equality and promotes fair distribution of inherited assets.
  • Succession Rules: Establishes a uniform set of rules for inheritance based on the relationship to the deceased, irrespective of religious affiliation. This simplifies legal procedures and resolves complexities arising from diverse personal laws.

Live-in Relationships:

  • Registration: Mandates the registration of live-in relationships, granting them legal recognition and protecting the rights of individuals in such partnerships.[14]
  • Rights of Children: Ensures the rights of children born to partners in registered live-in relationships, including access to inheritance, maintenance, and other legal benefits.[15]
  • Maintenance for Deserted Partners: Includes provisions for maintenance to partners deserted in live-in relationships, ensuring their financial security and addressing potential exploitation.[16][17]

Additional Provisions:

  • Prohibition of Polygamy: Prohibits the practice of polygamy for all individuals, promoting monogamy and gender equality.[18]
  • Child Marriage Ban: Reinforces the existing national ban on child marriage, protecting children from harmful traditional practices.[19]
  • Jurisdiction of Courts: Specifies the jurisdiction of courts in matters related to marriage, divorce, inheritance, and maintenance under the Uniform Civil Code.

Exemptions:

  • Scheduled Tribes: The Act exempts members of Scheduled Tribes from its provisions, allowing them to continue following their customary laws in personal matters.[20]

Reactions

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The passage of the UCC Act in Uttarakhand has elicited a wide range of reactions, both positive and negative. The BJP and its allies view the UCC as a progressive step toward achieving equality and eliminating discriminatory practices based on religion.[21] They believe it will promote national integration and simplify the legal system. On the other hand, the opposition argues that the UCC infringes on the religious and cultural rights of minorities, particularly concerning marriage, inheritance, and personal laws. They raise concerns that it could homogenize diverse traditions and undermine social harmony.[22][23]

Chief Minister Dhami termed the passage of the bill as "historic," while the opposition stated that they were not given sufficient time for discussion.[24] [25]

Muslim community leaders have expressed apprehension about the impact of the UCC on their existing personal laws, highlighting concerns about safeguarding their cultural identity and traditions.[26]

The president of the All India Majlis-e-Ittehadul Muslimeen, Asaduddin Owaisi, described the UCC as "an attack" on the religious and cultural rights of minorities, particularly Muslims.[27][28] He argues that it "imposes a Hindu code" on all citizens, disregarding the diverse personal laws practiced by different communities. He also questions the constitutionality of the UCC, claiming it violates Article 25 and Article 29, which guarantee freedom of religion and cultural rights.[29][30]

References

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  1. ^ "Uttarakhand assembly passes Uniform Civil Code, Pushkar Singh Dhami says 'law not against anyone'". 7 February 2024.
  2. ^ "Uttarakhand becomes first state to pass landmark Uniform Civil Code bill". The Times of India. 7 February 2024.
  3. ^ "Uttarakhand First to Clear Uniform Civil Code Bill, Other States Line up".
  4. ^ "Uniform Civil Code bill passed in Uttarakhand assembly". Hindustan Times. Retrieved 7 February 2024.
  5. ^ "Uttarakhand CM Dhami Promises Uniform Civil Code if BJP Re-elected to Power". 12 February 2022.
  6. ^ "Committee set up on UCC implementation in Uttarakhand". 28 May 2022.
  7. ^ "Uniform Civil Code committee submits draft report to Uttarakhand government". 2 February 2024.
  8. ^ "Uniform civil code (UCC) in Uttarakhand: Panel hands over final report to CM Pushkar Singh Dhami". The Times of India. 2 February 2024.
  9. ^ "Uttarakhand all set to implement Uniform Civil Code". 4 February 2024.
  10. ^ "Uttarakhand cabinet approves UCC report, bill likely to be tabled in Assembly on February 6". The Times of India. 4 February 2024.
  11. ^ "Uttarakhand civil code: The key changes for Hindus and Muslims in marriage, inheritance". 7 February 2024.
  12. ^ Bhaumik, Aaratrika (7 February 2024). "Registration of live-in relationships, polygamy ban: Key features of Uttarakhand's Uniform Civil Code Bill". The Hindu.
  13. ^ "Property rights: How does Uttarakhand's Uniform Civil Code move the needle?". 9 February 2024.
  14. ^ "Register live-in relationship or face up to 6 months jail: Uttarakhand Civil Code garners criticism | HER". 9 February 2024.
  15. ^ "Uttarakhand UCC: Indian state wants to govern live-in relationships". 7 February 2024.
  16. ^ Rajagopal, Krishnadas (7 February 2024). "Uttarakhand Uniform Civil Code dares right to form 'intimate associations'". The Hindu.
  17. ^ "Uttarakhand Uniform Civil Code: Registration of live-ins, jail term raise questions of privacy & liberty". 7 February 2024.
  18. ^ "UCC bans polygamy: Is the practice more prevalent among Muslims?". 10 February 2024.
  19. ^ "Not in the Name of Gender Justice: Reflections on Uttarakhand's UCC".
  20. ^ "Uttarakhand Set to Pass UCC: Jail Time for Unregistered Live-in Relationship; Exemption for Tribals".
  21. ^ "BJP is milking Uniform Civil Code for LS polls but implementation will be tough".
  22. ^ "Why is an Indian state punishing live-in relationships?".
  23. ^ "How Uttarakhand Uniform Civil Code Impacts Hindu, Muslim & Christian Succession Laws". 8 February 2024.
  24. ^ ""Historic day in history of Uttarakhand": Chief Minister Dhami after Assembly's nod to UCC bill | Politics".
  25. ^ "'Not against Uniform Civil Code but...': Cong on UCC debut in Uttarakhand assembly". 6 February 2024.
  26. ^ "New Bill in India to Govern Unwed Couples Who Live Together". 7 February 2024.
  27. ^ "Asaduddin Owaisi slams Uniform Civil Code, says 'Hindus, tribals kept out'". 7 February 2024.
  28. ^ "Uttarakhand's UCC 'forces Muslims to follow different religion, culture': Owaisi". 7 February 2024.
  29. ^ https://www.business-standard.com/politics/nothing-but-a-hindu-code-for-all-owaisi-slams-uniform-civil-code-124020700552_1.html
  30. ^ "UCC Bill is Hindu Code in disguise: Asaduddin Owaisi". 8 February 2024.
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