The Uniform Civil Code in Uttarakhand: A Step Towards Loregality

On February 6, 2024, the Uttarakhand government, led by Pushkar Singh Dhami of the Bharatiya Janata Party (BJP), passed a landmark Uniform Civil Code (UCC) Bill in the state legislative assembly. This bill, which is awaiting the governor’s assent, seeks to promote equality and uniformity in personal laws across different religions by introducing several significant changes.

Key Features of the UCC Bill

Equal Property Rights: The bill mandates equal property rights for sons and daughters, eliminating the distinction between legitimate and illegitimate children, and ensuring equal rights for adoptive children. Live-in Relationships: It mandates the registration of live-in relationships and considers children born out of such relationships as legitimate. Prohibition of Polygamy and Child Marriage: The bill completely bans polygamous marriages and child marriages, setting a common marriageable age for girls irrespective of their religion. Divorce Reform: The bill introduces similar grounds and procedures for divorce, thereby standardizing the process across religions.

Controversies and Objections

The bill, particularly the clause on live-in relationships, has faced intense scrutiny and criticism from liberal intellectuals. Critics argue that the restrictions in the registration process can infringe on personal freedoms and privacy. Here are some of the specific objections:

Live-in Relationships: Partners in live-in relationships must declare their status to the district registrar, and this declaration must be sent to the parents if one is younger than 21 years. If a live-in couple remains together past a month without registering, they risk penalties such as a jail term and fines. Matrimonial Rights and Maintenance: Deserted partners in live-in relationships are entitled to claim maintenance, and the court can intervene. However, non-compliance with these registration requirements can lead to additional penalties. Equal Applicability: The provisions will apply equally to not only Uttarakhand residents but also to residents of live-in relationships even outside the state.

Implementation of Article 44 of the Indian Constitution

Article 44 of the Indian Constitution, under the Directive Principles of State Policy, calls for the establishment of a uniform civil code throughout India. By passing the UCC Bill, the Uttarakhand government has taken a significant step towards implementing this constitutional directive. The bill will become an act once the governor gives his assent, marking a historic moment in the country's legal framework.

Conclusion

The UCC Bill in Uttarakhand is a double-edged sword, promoting equal rights while also drawing the attention of critics who fear its implementation may encroach on individual freedoms. While the Bill aims to eliminate various legal and social controversies, it remains to be seen how it will work in practice and whether it will be a step forward towards achieving a uniform civil code for all citizens.