Uttarakhand, January 27:
Uttarakhand has become the first Indian state to implement the Uniform Civil Code (UCC), marking a significant milestone in legal reforms. The move, which has sparked extensive political discussions, was announced during an event in Dehradun where Chief Minister Pushkar Singh Dhami introduced the UCC portal, rules, and the Gazette Notification.
The Chief Minister emphasized that this new law aims to promote equality and uniformity in the legal framework, ensuring the same rights and responsibilities for all citizens. The UCC Act was officially notified on March 12, 2024, following approval by President Droupadi Murmu.
Despite the milestone, opposition parties like Congress have criticized the implementation, describing it as an experimental initiative lacking comprehensive consensus. Congress spokesperson Abhishek Singhvi questioned the state-specific nature of a law meant to be uniform.
Understanding the Uniform Civil Code
The UCC establishes a single set of laws applicable to all communities regarding matters such as marriage, divorce, inheritance, adoption, and maintenance. While India already has a uniform criminal code, civil laws vary across religions.
In Uttarakhand’s case, the law excludes Scheduled Tribes and communities protected under specific constitutional provisions. It also prohibits practices like halala, iddat, and talaq that are part of Muslim Personal Law.
The Act comprises 392 sections divided into seven schedules. Its detailed 750-page draft was prepared by a five-member expert committee, led by Retired Justice Ranjana Prakash Desai. The draft, completed in February 2024, received approval from the State Cabinet and passed through various legislative stages before receiving presidential assent.
Key Provisions of the UCC in Uttarakhand
The UCC Act in Uttarakhand provides clarity on legal procedures related to marital conditions, individual rights, and social harmony. It establishes a unified framework for the creation and cancellation of wills and codicils under testamentary succession.
This Act applies to all residents of Uttarakhand, including those residing outside the state. However, Scheduled Tribes and certain protected communities remain outside its purview.
Marriage Regulations Under UCC
The Act outlines streamlined processes for marriage registration and related legal provisions. Key points include:
- Marriages can only occur if neither party has a living spouse, both individuals are mentally capable of consent, the man is at least 21 years old, and the woman is at least 18 years old.
- Rituals can follow religious customs or legal requirements, but registration of marriages is mandatory within 60 days of the ceremony.
- Applications for marriage registration must be addressed by the sub-registrar within 15 days. If no decision is made, the application will automatically escalate to the registrar for resolution.
Implementation as a Poll Promise
The introduction of the UCC in Uttarakhand fulfills a key promise made by the BJP during the 2022 assembly elections. The party’s re-election for a second consecutive term underscored public support for such reforms, positioning Uttarakhand as a pioneer in enacting a Uniform Civil Code at the state level.
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