The Uttarakhand government, under the leadership of Chief Minister Pushkar Singh Dhami, has taken a historic step by tabling the Uniform Civil Code (UCC) Bill in the State Assembly. This bold move, if implemented, would make Uttarakhand the first state in independent India to enforce a UCC, introducing a common set of personal laws governing marriage, divorce, succession, inheritance, and live-in relationships. The Bill seeks to ensure equal rights and gender justice while respecting India’s cultural and religious diversity, despite significant debates surrounding its implications.
Key Features of the UCC Bill
The UCC Bill aims to replace existing religious-based personal laws with a single framework applicable to all residents of the state, irrespective of religion or caste. The legislation introduces several noteworthy provisions:
1. Marriage Regulations:
The Bill permits marriages only between one man and one woman. It sets the minimum legal age for marriage at 21 for men and 18 for women, ensuring uniformity across communities. This aims to eliminate ambiguities caused by differing personal laws and reinforces gender equality in marriage.
2. Divorce Provisions:
Men and women will be granted equal rights in divorce proceedings, marking a significant shift from unequal treatment under certain personal laws. Controversial practices like Halala (a practice in which a divorced woman has to marry another man and consummate the marriage before remarrying her first husband) and Iddat (a waiting period for divorced or widowed women before remarriage) are addressed in the Bill. The legislation proposes stringent punishments, including up to three years of imprisonment or a ₹1 lakh fine, or both, for those found engaging in or enforcing Halala.
3. Live-in Relationships:
For the first time in India, live-in relationships are brought under a legal framework in Uttarakhand. The Bill mandates the registration of live-in relationships within a month, with penalties for non-compliance. Failure to register may lead to imprisonment for up to three months. Additionally, providing false information during the registration process could result in fines of up to ₹25,000 or a similar term of imprisonment.
4. Inheritance and Property Rights:
One of the most progressive aspects of the Bill is its provision for equal property inheritance rights for sons and daughters, regardless of religion. The law ensures no distinction between legitimate or illegitimate children, biological or adopted offspring, or those born through surrogacy or assisted reproductive technologies. This aims to eliminate gender and class-based inequalities in inheritance, promoting social justice.
5. Exemption for Scheduled Tribes:
The Bill explicitly excludes Scheduled Tribes, who constitute around 2.9% of the state’s population, from its purview. This exemption acknowledges the unique traditions and customs of tribal communities, ensuring that their cultural practices are not disrupted.
Government’s Perspective
Chief Minister Dhami has described the introduction of the UCC Bill as a “historic moment,” emphasizing its potential to create a just and equitable society. According to him, the proposed legislation does not tamper with the traditions, customs, or religious practices of any community. Instead, it aims to provide a unified legal framework that aligns with constitutional values, particularly Article 44 of the Indian Constitution, which directs the state to work towards a Uniform Civil Code.
Dhami further highlighted that the Bill addresses long-standing demands for gender equality and justice, particularly for women, who have often been disadvantaged under religious personal laws. The Chief Minister underscored that the proposed UCC reflects the aspirations of modern India while remaining sensitive to its cultural heritage.
Opposition’s Criticism
The introduction of the UCC Bill has not been without controversy. Opposition leaders have criticized it as a “poll gimmick,” questioning the timing of the Bill’s introduction. They argue that the government is using the UCC to polarize voters ahead of elections. Critics have also raised concerns over the lack of public consultation and the haste with which the Bill has been tabled.
Political analysts believe that the Bill could face challenges in implementation, particularly in a diverse country like India, where personal laws are deeply intertwined with religious and cultural identities. They argue that imposing a uniform set of laws might lead to resentment among communities who perceive it as an attack on their religious autonomy.
The Path to Implementation
Despite the debates, the BJP’s comfortable majority in the Uttarakhand Legislative Assembly, with 47 out of 70 seats, ensures a strong likelihood of the Bill’s passage. If passed, the Uttarakhand government will become a pioneer in implementing a UCC, setting a precedent for other states and the central government.
The proposed legislation has sparked nationwide discussions, with many viewing it as a test case for implementing the UCC at the national level. While the idea of a UCC has been part of the Indian political discourse since independence, it has remained a contentious issue due to its potential to disrupt the delicate balance between personal laws and constitutional rights.
Broader Implications of UCC
The implementation of the UCC in Uttarakhand could have far-reaching implications for India’s legal and social landscape. Proponents argue that it would promote gender justice, eliminate discrimination, and simplify the legal framework by replacing a multitude of personal laws with a single code.
However, critics caution that the UCC must be implemented with sensitivity and inclusivity to avoid alienating communities. They emphasize the need for widespread consultation and dialogue to ensure that the legislation reflects the diverse realities of Indian society.
Conclusion
The introduction of the UCC Bill in Uttarakhand marks a significant step in India’s journey towards a unified legal framework. While the legislation has the potential to promote equality and justice, its success will depend on how it is implemented and whether it addresses the concerns of all stakeholders. As the debate continues, the Uttarakhand experiment will likely serve as a litmus test for the feasibility of the UCC in a diverse and pluralistic society like India.
By- Unnati Vaishanav, The News Grit, 31/01/2025
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