Uttarakhand Uniform Civil Code Bill 2024 - Explained

The Uttarakhand Uniform Civil Code (UCC) 2024 Bill is a legislative proposal crafted with the objective of establishing a single set of laws governing

Uttarakhand Uniform Civil Code Bill

The BJP-led government in Uttarakhand has marked a significant milestone by becoming the first state to approve the Uttarakhand Uniform Civil Code (UCC) bill, potentially setting a precedent for other BJP-governed states to emulate. Rajasthan has expressed intentions to present a UCC bill in its forthcoming assembly session. The UCC aims to establish a single legal framework that applies uniformly to all Indian citizens, irrespective of their religion, covering various personal issues such as marriage, divorce, inheritance, and adoption.

In a significant move towards the implementation of a uniform civil code (UCC) in India, the state of Uttarakhand has taken a pioneering step with the introduction of the Uttarakhand Uniform Civil Code Bill. This legislative initiative marks a momentous point in the country's legal and social history, as it aims to standardize personal laws governing aspects such as marriage, divorce, inheritance, and adoption across all religions and communities within the state. 

The proposal of the Uttarakhand Uniform Civil Code Bill reflects a stride towards fulfilling a long-standing directive principle enshrined in the Indian Constitution, which encourages the state to secure for its citizens a uniform set of civil laws, irrespective of their religious affiliations. This move has ignited a wide array of discussions, debates, and anticipations regarding the feasibility, implications, and potential impact of such a code on the diverse social fabric of India, particularly in terms of promoting equality and justice while respecting the country's myriad cultural and religious nuances.

What is Uniform Civil Code (UCC)?

The Uniform Civil Code (UCC) refers to the proposal to formulate and implement a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance, and succession for all citizens of India, regardless of their religion. The idea behind the UCC is to replace the current system of personal laws, which are based on the religious scriptures and traditions of different communities, with a single, secular, and standardized legal framework.

The concept of the Uniform Civil Code is rooted in Article 44 of the Constitution of India, which falls under the Directive Principles of State Policy. Article 44 states: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." While Directive Principles are not enforceable by courts, they are fundamental in the governance of the country and it is the duty of the State to apply these principles in making laws.

The main objective of implementing a UCC is to ensure equality and justice for all citizens, irrespective of their religious beliefs, and to eliminate discrimination based on religious laws. Advocates of the UCC argue that it would promote national integration, gender equality, and simplify the legal system by making it more uniform and easier to administer.

However, the proposal for a UCC has been a subject of considerable debate and controversy in India. Critics argue that it could undermine the cultural and religious diversity of India and infringe upon the rights of religious communities to manage their own affairs in matters of personal law. The discussion around UCC involves complex considerations of religious freedom, cultural identity, legal reform, and gender justice.

Also Read: Uniform Civil Code in India

What is The Uniform Civil Code (UCC) Uttarakhand 2024?

The Uttarakhand Uniform Civil Code (UCC) 2024 Bill is a legislative proposal crafted with the objective of establishing a single set of laws governing personal matters for all citizens, irrespective of their religion. The Uttarakhand government initiated this endeavor by forming a committee led by retired Supreme Court Judge Ranjana Prakash Desai in 2022. This committee, which also included retired justice Pramod Kohli, social activist Manu Gaur, former Uttarakhand Chief Secretary Shatrughan Singh, and Vice Chancellor of Doon University, Surekha Dangwal, was tasked with drafting the bill.

Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the Indian territory.

To inform their work, the committee undertook extensive public engagement efforts, including the collection of feedback through written submissions and online platforms, organizing numerous public forums, and conducting 43 public outreach programs. These efforts reached over 60,000 individuals, ensuring that the bill was shaped by a wide array of public dialogues, deliberations, and suggestions.

Chief Minister Dhami highlighted that the UCC Bill represents the culmination of this comprehensive public engagement process. Notable recommendations within the bill include a total prohibition on polygamy and child marriage, ensuring equal property rights for sons and daughters, abolishing the distinction between legitimate and illegitimate children, guaranteeing equal inheritance rights regardless of the child's birth status, and recognizing both adopted and biological children equally. This ambitious bill, spanning over 740 pages and divided into four volumes, is poised to significantly reform personal law in Uttarakhand, setting a potential precedent for the rest of India.

Key Points of Uttarakhand Uniform Civil Code (UCC)

The Uttarakhand Uniform Civil Code (UCC) bill introduced by the Uttarakhand government embodies a transformative approach to personal laws in India, with several key features aimed at promoting equality and inclusivity:

Equal Property Rights for Sons and Daughters: This provision ensures that both sons and daughters have identical rights to property, eliminating any gender-based discrimination in inheritance laws. This change underscores a commitment to gender equality and aims to rectify historical imbalances in property rights.

Elimination of Distinction Between Legitimate and Illegitimate Children: By doing away with the differentiation between legitimate and illegitimate children in matters of property rights, the bill recognizes all children as equal, regardless of the marital status of their parents at the time of their birth. This inclusive approach ensures that all children have equal rights and are not subjected to stigma or discrimination.

Inclusivity of Adopted and Biologically Born Children: The bill extends equal rights to children regardless of their means of conception or inclusion into the family. This includes children adopted, born through surrogacy, or conceived via assisted reproductive technologies, who are treated on par with biologically born children. This provision reflects a modern understanding of family dynamics and reproductive technologies.

Equal Property Rights After Death: In the event of a person's death, the bill guarantees equal rights to the deceased's property for the spouse, children, and parents. This is a significant shift from prior laws that might have favored certain family members over others. By ensuring equal rights for the mother and father of the deceased, the bill promotes a balanced approach to posthumous property rights.

Overall, the UCC bill introduced by the Uttarakhand government represents a progressive step towards creating a uniform legal framework that transcends religious and gender biases, aiming for a more equitable and inclusive legal system regarding personal and property rights.

UCC in India

India applies a Uniform Civil Code (UCC) in several civil matters, including the Indian Contract Act 1872, Civil Procedure Code, Transfer of Property Act 1882, Partnership Act 1932, and the Evidence Act, 1872. Despite this uniformity, there exists diversity within these civil laws due to numerous amendments made by various states. Moreover, several states have opted out of adhering to the uniform Motor Vehicles Act, 2019. Currently, Goa is the only state in India that has fully implemented a Uniform Civil Code.

The roots of the Uniform Civil Code (UCC) trace back to British India, following a report submitted in 1835. This report highlighted the necessity for uniformity in codifying Indian laws related to crimes, evidence, and contracts, but it advised that the personal laws of Hindus and Muslims should remain excluded from this codification process. As legislation concerning personal matters expanded, it became necessary for the government to establish the B N Rau Committee in 1941, tasked with codifying Hindu law.

The Hindu Succession Act of 1956 emerged from the recommendations of the B.N. Rau Committee. This Act sought to reform and codify the laws pertaining to intestate or unwilled succession among Hindus, Buddhists, Jains, and Sikhs. Despite these efforts towards codification and uniformity for Hindus, Muslims, Christians, and Parsis continued to be governed by their respective personal laws.

Judgments

To foster uniformity across the legal framework, Indian courts have frequently emphasized the necessity of progressing towards a Uniform Civil Code (UCC) through their judgments. Notably, the judgment in the Shah Bano case of 1985 stands out, where the Supreme Court ruled in favor of granting alimony to a Muslim woman, sparking a debate on the uniformity of civil rights.

Another pivotal case was the Sarla Mudgal case in 1995, which addressed the issue of bigamy and the conflicts arising from the coexistence of different personal laws governing marriage. This case highlighted the legal ambiguities and injustices resulting from the application of various personal laws to individuals based on their religion.

In a more recent landmark decision, the Supreme Court in the Shayara Bano case of 2017 deemed the practice of Triple Talaq (talaq-e-biddat) unconstitutional. This judgment was a significant step towards addressing gender inequality and protecting the rights of Muslim women.

These cases underscore the complex interplay between religious practices and fundamental rights. By challenging practices like triple talaq and polygamy, which undermine the dignity of women, the Centre has questioned whether constitutional protections afforded to religious practices should extend to those that contravene fundamental rights, thereby reinforcing the argument for a Uniform Civil Code that transcends religious boundaries to ensure equal rights for all citizens.