Updated: 28-01-2025 at 7:49 AM
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The implementation of a Uniform Civil Code represents efforts to achieve equality within personal legislation. Through the first implementation of UCC in Uttarakhand, the state established an important nationwide precedent. The innovative measure seeks to achieve consistent treatment for issues including marriage and divorce and inheritance and property rights beyond religious constraints.
Uttarakhand is the first state in independent India to take this step and launch the UCC Uttarakhand Portal and UCC Uttarakhand Act. Chief Minister Pushkar Singh Dhami announced UCC Uttarakhand which will be formulated for, equality, women's rights, empowerment and distortions in personal laws. The government consulted experts and some other stakeholders and then made the final code which reflected the needs of Uttarakhand's diverse communities.
The Uniform Civil Code (UCC) is a step for replacing certain personal laws that have been established over the years based on the customs of different religions with a law that will apply uniformly to all Indian citizens. Personal laws in India, which vary from religion to religion currently have major control over marriages, divorce, inheritance, and adoption.
Article 44 of the Indian Constitution is in favour of UCC implementation as one of the ways to bring about equality, and harmony in personal law practices. Even though UCC first emerged as a debated topic after independence no state has previously, to date, implemented it to its full extent.
The UCC Portal introduces a common set of rules to replace personal laws based on religion, aiming to ensure fairness and equality. It addresses key aspects of personal life, bringing uniformity to practices like marriage, inheritance, and live-in relationships. Below are the main areas covered by the UCC:
Marriage and Divorce: It standardises rules for marriage and divorce, ensuring equality and clear processes for everyone.
Inheritance and Property Rights: Gender or religion will not be the determining factor of property rights, and hence, all humans are given equal rights to property as per the UCC law.
Live-In Relationships: By having such a legal arrangement, cohabitants and their children's legal, and property rights will be equalised and protected
Will and Succession: Wills are not subject to a clear inclusion and excision process and it may be difficult to follow through to the end.
Penalties for Non-Compliance: If one fails to register their marriage, divorce, or live-in relationship, there may be sanctions.
The government thinks that the Uniform Civil Code will change personal laws by way of creating a single umbrella. As a result, the fundamental issues between the various religious communities will be resolved. Also, it is said to work for the upliftment of women by allowing them equal rights in terms of inheritance, as well as in other areas. Being part of the Constitution is a step forward to make society more inclusive and modern.
While the UCC seeks to ensure uniformity and equality, it has heatedly contested among groups that are not in agreement. Some critics are concerned about the potential impact of the UCC on cultures, whereas there are also challenges luring behind the implementation of such a broad reform. There are principal problems associated with the UCC:
Religious Concerns: Some groups feel that they will not be able to carry out their custom if the UCC is brought in.
Complexity: It is not an easy task to combine different personal laws into one code which is a tough job that may remain difficult to understand at first.
Potential for Social Division: Critics argue that a common code could set off turf wars among ethnic groups, leaving the inhabitants to deal with them poorly. It is the same with the eventual goal of unity.
Implementation Issues: The successful implementation of the new code across the state will be possible only if such a huge task is handled with the support and participation of the people.
Uttarakhand’s Chief Minister Pushkar Singh Dhami lived through his 2022 election pledge by the UCC's realisation. The process entailed not only an extensive dialogue but also a methodical approach.
Uttarakhand UCC was not imposed suddenly. The government went through the following steps:
Step 1: A 2022-formed five-member committee was headed by Justice Ranjana Prakash Desai for drafting the UCC.
Step 2: Feedback was gathered from over 2.3 lakh of the population, which is equivalent to almost 10% of the households in Uttarakhand.
Step 3: The committee prepared a 740-page draft, which was:
Submitted to the Chief Minister on February 2, 2024.
Approved by the Cabinet on February 4, 2024.
Tabled in the Assembly on February 6, 2024, and passed the next day.
Step 4: President Droupadi Murmu approved the bill on February 28, and signed it on March 1, 2024.
The Uttarakhand government is going to make two notifications: one outlining the UCC rules and regulations, and the other for the UCC implementation. Training sessions, mock drills, and awareness programs have been organized for government employees to gain the required knowledge for smooth UCC implementation.
UCC is conceptually hard to grasp without some understanding of some of the personal laws and the Constitution. Therefore, the following terms help the UCC to be clarified and situate this Constitution so that the reader may understand the broader legal frameworks:
Article 44(UCC): A provision in the Indian Constitution that directs the state to adopt a Uniform Civil Code.
Family Laws: Those laws of the country that settle the matters connected to marriage, divorce, property, and adoption guided by religion.
Codicils: Amendments or additions to a will.
An easy-to-apply registration system operates through UCC in Uttarakhand where residents can choose either digital or physical procedures. Uttarakhand residents must authenticate their identity either with their Aadhaar number or mobile phone number. The following are step-by-step instructions to register the system.
People can access the UCC portal.
The "Apply Now" button leads to your registration start.
Verify by entering your UID(Aadhaar) number or an alternative Virtual ID.
You must officially accept the three mandatory requirements through the registration process.
Open your mobile device to receive an OTP that arrives at your registered number for confirmation.
Enter all essential details needed to finalise your enrollment.
You can choose between Aadhaar or Virtual ID for registration however if you opt for an offline method you can simply provide your mobile number instead. A One-Time Password (OTP) will be sent to your registered mobile number for successful registration verification.
Uttarakhand’s example implementation of UCC is an exemplary model for other states. It is clear that with careful structuring, wide public involvement, and political will, massive legislative changes can result. The state-level outcome is likely to be the object of nationwide discussions on personal law reforms at some other time.
Implementing the Uniform Civil Code in Uttarakhand is a historic step towards achieving equality and modernising personal laws. It addresses various issues, however, its success depends on balancing individual rights and societal harmony. As other states watch Uttarakhand’s experience closely, it could pave the way for wider implementation of the UCC in India.
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