Uttarakhand is all set to become the first state to implement the Uniform Civil Code (UCC) after chief minister Pushkar Singh Dhami said the draft will be submitted to the government on Friday and a bill on the code brought in the assembly session beginning February 5.
A committee headed by former Supreme Court judge Ranjana Prakash Desai was formed by the Dhami government in 2022 to prepare a draft UCC for Uttarakhand, which could become the first state to have one barring Goa, which inherited a common code from the Portuguese at the time of Liberation.
In a post in Hindi on X, Dhami said, “The committee formed to prepare the draft of the Uniform Civil Code will submit its draft to the state government on February 2 and we will implement the Uniform Civil Code in the state by bringing a bill in the upcoming assembly session.” The BJP government has always been committed to implementing the UCC in the state as promised by the party to the people ahead of the assembly elections, the chief minister said.
On Saturday, state’s Finance and Parliamentary Affairs Minister Premchand Agarwal said a debate on the draft of the UCC could be on the agenda of the four-day assembly session, if it is submitted by the government-appointed expert panel in time. However, the panel has been given an extension of 15 days and it is free to submit the draft of the UCC whenever it is ready, Agarwal had said.
The sub-committees of the five-member expert committee held extensive discussions and took suggestions from various communities, classes, stakeholders and political parties to prepare the draft of the UCC. It is believed that the Uttarakhand code could become a template for similar laws in other BJP-run states — or even at the national level.
Article 44 of the Constitution provides that the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. UCC is supposed to be a common code of personal laws for people of all religions.
How UCC Came A Long Way in Uttarakhand?
The five-member panel headed by Desai completed a draft report for Uttarakhand’s Uniform Civil Code in June. Desai was appointed chairperson of the Delimitation Commission of India on March 13, 2020. She was also one of the judges who had ruled for a provision of NOTA in voting.
What is the Uniform Civil Code?
The UCC proposes to formulate and implement personal laws of citizens which apply to all citizens equally regardless of their religion, sex, gender and sexual orientation. Currently, the personal laws of various communities are governed by their religious scriptures.
UCC is also expected to have strong recommendations for live-ins, polygamy and polyandry ban and raising the marriage age of girls.
The code comes under Article 44 of the Constitution, which states that the State must seek to ensure for people a uniform civil code across India’s territory. However, as Article 37 states, directive principles are guiding principles for government policies and are not enforceable by courts.
The proposal of the UCC has encountered resistance from orthodox groups among the Hindus, Muslims, Sikhs, and other minority communities whose customs have remained untouched since the time of British rule.
The highlights of the draft, according to sources, are:
- Age for marriage: The age of girls for marriage to be increased to 21 years from present 18 years.
- Marriage registration: The draft has suggested making registration of marriages mandatory.
- Live-in couples: It will be mandatory for live-in couples to inform their parents.
- Halala and iddat: The proposed UCC draft mentions discontinuing the practice of ‘halala’ and ‘iddat’ – terms commonly used while settling marriage disputes among Muslims.
- Polygamy: The UCC bans the practice of ‘polygamy’ – the custom of having more than one wife – a feature among Muslim marriages.
- Divorce rights: The draft gives equal grounds and rights to both husband and wife, irrespective of the faith, to seek divorce.
- Population control: The draft has reportedly recommended fixing the number of children.
UCC Debate in Other States
The BJP, in its 2019 Lok Sabha election manifesto, promised the implementation of UCC if it came to power. Gujarat may also implement the Uniform Civil Code before the 2024 Lok Sabha elections, as per reports.
Other states like Himachal Pradesh, Uttar Pradesh and Assam are also expected to pass the code in some time. As of now, Goa is the only state that has a civil code that was introduced during the Portuguese rule.
The Kerala Legislative assembly earlier in August passed a resolution unanimously against the UCC terming it “unilateral and hasty”, becoming the first in the country to do so. The resolution, presented by Chief Minister Pinarayi Vijayan, expressed concern and dismay at the central government’s move to impose a Uniform Civil Code.
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