Uttarakhand's Bold Step with the Uniform Civil Code

The comprehensive UCC draft, spearheaded by Chief Minister Pushkar Singh Dhami, addresses polygamy, child marriage, inheritance, and more.

The Uttarakhand Assembly is set to make history by introducing legislation on the Uniform Civil Code (UCC), aligning with Prime Minister Narendra Modi's vision of 'Sab ka Saath, Sab ka Vikas' and 'Ek Bharat, Sreshtha Bharat.' Led by Chief Minister Pushkar Singh Dhami, the proposed UCC aims to benefit all sections of society.

A government-appointed panel, under the guidance of retired Supreme Court judge Ranjana Prakash Desai, has meticulously crafted a four-volume, 749-page report with numerous recommendations. The UCC draft addresses critical aspects of civil life, including a ban on polygamy and child marriage, a standardized marriageable age for girls, and a uniform divorce process. These proposals, centered on fostering gender equality and social cohesion, are under deliberation during the ongoing special four-day assembly session.

The UCC recommendations extend beyond marriage and divorce, covering inheritance rights, mandatory marriage registration, and an increased marriageable age for girls. This aligns with the broader goal of empowering women to pursue education before marriage. Couples failing to register their marriages may become ineligible for government facilities, emphasizing the importance of legal documentation.

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Uttarakhand's UCC draft remains undisclosed, but reports suggest it will establish a legal framework encompassing marriage, divorce, land, property, and inheritance laws, irrespective of religious affiliations. If enacted, Uttarakhand would become the first state post-Independence, following in the footsteps of Goa, to adopt the UCC.

The proposed UCC for Uttarakhand transcends religious boundaries, granting adoption rights to everyone, including Muslim women. It aims to ban practices like halala and iddat, promote the declaration of live-in relationships, and simplify adoption procedures. Notably, live-in relationships will need legal registration, providing legal sanctity and potentially reducing false cases.

Former DGP of Uttarakhand, Ashok Kumar, highlights the potential benefit of reduced false cases, stating, "Legal sanctity would now be there in such cases." The draft, however, excludes population control measures and the Scheduled Tribes, constituting 3% of Uttarakhand's population.

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Key features of the UCC include equal property rights for sons and daughters, elimination of distinctions between legitimate and illegitimate children, and equal treatment for adopted and biologically born children. In the event of a person's death, the proposed UCC ensures equal property rights for the spouse, children, and parents, a departure from previous laws that limited such rights.