Uttarakhand first state to implement Uniform Civil Code
New Delhi: On Monday, Uttarakhand became the first state in India to implement the Uniform Civil Code (UCC). The move, nearly a year after the Bill was passed in the state assembly, introduces a standardised legal framework for marriage, divorce, inheritance, property, and adoption, applicable to all citizens regardless of religion.
Chief Minister Pushkar Singh Dhami announced UCC’s implementation at a programme at his official residence here, saying with this the constitutional and civil rights of people across all religions have become uniform.
“With the implementation of UCC, the BJP has fulfilled all its major ideological commitments including abrogation of Article 370 in Jammu and Kashmir, the illegalisation of triple talaq, the CAA and building of a Ram temple in Ayodhya,” the chief minister said.
He unveiled the notification on UCC, released its rules and regulations and launched a portal designed for the mandatory online registration of marriages, divorce and live-in relationships in the presence of his ministerial colleagues and members of the UCC drafting committee. The chief minister was the first to register his marriage on the UCC portal. State Chief Secretary Radha Raturi handed over the certificate of his marriage registration to him.
The UCC mandates the registration of live-in relationships, requiring individuals under 21 to obtain parental consent. Non-compliance, such as failure to register or providing false information, can result in a three-month jail term, a fine of Rs 25,000, or both. Marriages must also be registered, with the minimum age set at 21 years for men and 18 years for women. The code bans polygamy, child marriage, and the practice of triple talaq while introducing a uniform divorce process. The code ensures equal inheritance rights for all children, including those born from live-in relationships. Gender-based distinctions have been removed, granting equal property rights to male and female heirs. Practices such as nikah halala and iddat have been abolished.
The implementation fulfils a key election promise made by the ruling Bharatiya Janata Party during the 2022 state elections. It also introduces uniform adoption laws, allowing adoption across all religions while prohibiting cross-religious adoptions. Scheduled Tribes remain exempt, retaining their customary laws to preserve cultural practices.
The UCC faces challenges from various religious and cultural groups who view it as an infringement on personal laws and traditions. Legal experts have raised concerns over its alignment with constitutional principles of secularism and religious freedom, particularly regarding its reliance on principles derived from Hindu law. Public awareness and education efforts are considered crucial to addressing these concerns.
The drafting of the UCC involved a panel led by retired Supreme Court judge Ranjana Prakash Desai. The panel engaged with approximately 60,000 individuals, received 2.33 lakh pieces of feedback, and held over 70 public forums. The state cabinet approved the rules manual in January, and officials underwent training before the rollout.
Administrative readiness is critical for effective implementation. Trained personnel, infrastructure, and mechanisms for compliance are required. Initial challenges may arise in areas such as interfaith marriages, inheritance disputes, and property rights as communities adjust to the new framework.
The UCC’s uniform provisions on marriage, divorce, and inheritance differ from existing personal laws. For instance, the uniform marriage age of 21 years contrasts with some personal laws. The mandatory registration of marriages and live-in relationships also diverges from personal laws without such requirements. Equal inheritance rights for sons and daughters and recognition of live-in relationships present further departures from religious customs. Technological measures have been introduced to facilitate implementation. Online portals with Aadhaar-based verification, AI-powered translation services in 22 Indian languages, and integration with over 13 departments have been launched to streamline the registration process. Common Service Centres (CSCs) have been authorised to assist citizens with online registrations, while CSC agents will offer door-to-door services in remote areas. Village Panchayat Development Officers have been designated as sub-registrars to provide better access to rural residents.
