Implementation Of Uniform Civil Code In Uttarakhand

Uttarakhand became the first state in India to enact the Uniform Civil Code (UCC) on 27^Th January, 2025. The goal of UCC is to harmonize personal laws across all religions, and it has received its share of support and opposition ever since its inception.

The UCC Act of Uttarakhand governs and regulates the laws relating to marriage, divorce, succession, live-in relationships, and related matters, providing for one marriageable age for both male and female, delineations of grounds and provisions for divorce, and barring polygamy and 'halala'.

What is Uniform Civil Code?

The Uniform Civil Code (UCC) is a set of laws that are intended to replace personal laws originated from religious texts and customs and is aimed at the uniform application of laws to all and therefore ensure equality and justice for all in such matters as follows: 

• Marriage and Divorce: Equal marriageable age and prohibition of polygamy; banning unfair practices such as 'halala.' 
• Inheritance: Gender-neutral inheritance rights to property and assets. 
• Live-in relationships: Protection of persons under live-in relationships. 
• Will provisions: Establishing simple and inclusive rules regarding writing wills, including unique provisions for the defense personnel.  

Why is the UCC Important for Uttarakhand?  

UCC Uttarakhand is important due to:

• Promotion of Gender Equality: Extermination of gender prejudices in personal laws.
• Simplified Legal Process: Elimination of multiple complexities in personal laws to make the process smoother.
• Encouragement of National Integrity: An approach for citizens toward a sense of togetherness.

Key Features of UCC in Uttarakhand

The UCC shall apply to all residents of Uttarakhand except for scheduled tribes and persons empowered by protected authorities. The Uniform Civil Code Act for Uttarakhand will govern and regulate the laws all of marriage and divorce, varying succession, live-in relationships, and related matters. It would guarantee an equal marriageable age for men and women, grounds for divorce, and procedures across religions and societies and prohibit polygamy and 'halala'.

Registration of Live-in Relationships

All marriages and cohabitating couples must now register under the UCC, which requires the submission of important information such names, proof of age, religion, and Aadhaar numbers. Any concerns expressed by third parties about such unions will be checked by authorities.

Legal Age to Marry

• The marriage can be celebrated between such parties if none of whom has a spouse living, both capable (of) understanding the nature of marriage, the male must have completed 21 years and the female must have completed 18 years, and they should not be within prohibited degrees of relationship with each other.
• The registration of marriage is compulsory in case marriage or marriage rituals are performed under any religious custom or made in accordance with legal provisions, but the marriages taking place after the enforceability of this Act must be registered within 60 days.

Registration of Marriage

It is stated in a government release those marriages solemnised before March 26, 2010, or outside of Uttarakhand where both parties have lived together since then and fulfil all the legal eligibility criteria, may be registered (even if it is not obligatory) within a period of six months from the date of commencement of the Act.

Divorce

The UCC guarantees gender neutrality in the divorce process by giving men and women equal grounds for divorce. Accordingly, both spouses may file for divorce on the same grounds.

How Uttarakhand Prepared for UCC Implementation?

The state government has envisaged a phased way to smoothen the implementation:

• Expert Consultations: A committee headed by Justice (Retd) Ranjana Prakash Desai consulted stakeholders, including religious organizations, legal experts, and social groups.
• Drafting of the Law: A four-volume draft was prepared covering the entire gamut of personal laws.
• Awareness Campaigns: The government held awareness drives for conveying to the public the benefits of the UCC.
• Digital Infrastructure: Various online portals have been set up for smooth marriage registration and grievance redressals.

Chief Minister Pushkar Singh Dhami’s Statement on UCC in Uttarakhand

• Chief Minister Pushkar Singh Dhami referred to the UCC as a "historic step towards equality," stressing that its goal was to ensure fairness and harmony in society rather than to attack any particular community.
• Dhami also credited the BJP's steadfast dedication to enforcing the UCC with the party's electoral victory in Uttarakhand.

An important step toward building a more just society has been taken with Uttarakhand's implementation of the Uniform Civil Code (UCC). Although it has drawn both support and criticism, successful implementation and public acceptability will be key factors in its success. 

Uttarakhand became the first state in this great progressive reform and thus became a precedent for the other Indian states. The question remains whether this will lead to a pan-India Uniform Civil Code.

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