Uttarakhand Uniform Civil Code: A Step Towards Equality and Uniformity
  2024-01-31
LegalStix Law School

Uttarakhand Uniform Civil Code: A Step Towards Equality and Uniformity

Download FREE LegalStix App
legalstixlawschool

The Uttarakhand Uniform Civil Code (UCC) is set to be passed in February, bringing significant changes to personal laws in the state. The UCC aims to establish a uniform set of laws governing marriage, inheritance, divorce, and adoption, irrespective of religion. This article talks about the history of the UCC pitch in Uttarakhand, the formation of the committee to draft the UCC Bill, and the expected changes it will introduce. Additionally, it explores the impact of the UCC on gender equality and its influence on other states in India.

The History of the UCC Pitch in Uttarakhand

The concept of a Uniform Civil Code was first proposed by the Bharatiya Janata Party (BJP) during the lead-up to the 2014 general elections. The party pledged to create a uniform set of personal laws, regardless of religious affiliation, in accordance with Article 44 of the Indian Constitution. This article states that "the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India."

The BJP's commitment to the UCC was reiterated before the 2022 state Legislative Assembly elections in Uttarakhand. Following the BJP's electoral victory, the Uttarakhand government formed a five-member committee led by former Supreme Court Judge Ranjana Prakash Desai. The committee was tasked with preparing a report and a draft of the UCC Bill.

The Committee's Work and Public Consultations

Since its formation, the committee has worked diligently to gather public input and suggestions for the UCC. Over 2.5 lakh suggestions were received from the public through various channels, including letters, registered posts, emails, and the committee's online portal. To ensure a comprehensive understanding of the public's opinions, the committee also conducted 38 public meetings across the state.

The extensive public consultations allowed the committee to consider a wide range of perspectives and concerns. The committee's primary focus was to ensure gender equality in the UCC. Efforts were made to address issues related to inheritance and to reject practices such as polygamy, iddat, and halal, which had faced opposition from Muslim women in the state.

Expected Changes in the Uttarakhand UCC

The Uttarakhand UCC is expected to introduce several key changes to personal laws in the state. The focus on gender equality is one of the primary considerations in the drafting of the UCC. Alongside uniform personal laws for all residents of Uttarakhand, the UCC will introduce provisions that treat men and women equally in matters of inheritance.

Additionally, the UCC will address certain practices that have been a subject of controversy. It is expected to reject polygamy, iddat, and halal practices in response to the demands of Muslim women in the state. However, the minimum age for marriage for both men and women is likely to remain the same as before, with women being eligible for marriage at 18 years and men at 21 years.

The UCC will also regulate live-in relationships, requiring a mandatory declaration to initiate and terminate such relationships. These provisions aim to provide legal clarity and protection for individuals in live-in relationships.

The Role of Uttarakhand in Influencing Other States

Uttarakhand's implementation of the UCC is expected to set a precedent for other states in India. Following the enactment of the UCC in Uttarakhand, similar bills are expected to be presented before the assemblies in Gujarat and Assam. The Gujarat government formed a committee in 2022 to investigate various aspects of the UCC, and the Chief Minister of Assam, Himanta Biswa Sarma, expressed strong support for the UCC.

It is worth noting that Goa was the first state in India to implement the UCC, setting an example for other regions to follow. With Uttarakhand now joining the ranks of states implementing the UCC, it is likely to encourage further discussions and actions towards a uniform civil code throughout the country.

Conclusion

The Uttarakhand Uniform Civil Code represents a significant step towards gender equality and uniformity in personal laws. The UCC aims to establish a set of laws that apply to all residents of Uttarakhand, regardless of their religious affiliation. The committee responsible for drafting the UCC Bill has conducted extensive public consultations to ensure a comprehensive understanding of public opinions and concerns.

The Uttarakhand UCC is expected to introduce changes that promote gender equality and reject certain practices that have faced opposition from women. Furthermore, its implementation is likely to influence other states in India to consider enacting their own versions of the UCC.

As the implementation of the UCC draws near, it is important to stay updated with the latest developments. To learn more about the Uttarakhand Uniform Civil Code and other legal matters, visit Legalstix Law School for the latest updates and insights.

Loading Result...

Download FREE LegalStix App
legalstixlawschool

Get instant updates!

legalstixlawschool
Request a callback
Register Now