📜⚖️Uttarakhand implements UCC: All you need to know about the act
The code aims to provide uniformity across religious communities in matters like marriage, divorce, and inheritance, read the Newsletter to know more!
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Uttarakhand implements UCC
Uttarakhand has become the first state in India, after Goa, to implement the Uniform Civil Code (UCC), marking a historic milestone in legal and social reform.
The implementation, effective from January 27, 2025, was announced by Chief Minister Pushkar Singh Dhami.
This landmark decision fulfills a key electoral promise made by the BJP during the 2022 assembly elections, aimed at standardizing personal laws across all communities in the state.
On January 27, 2025, coinciding with Republic Day celebrations, the UCC was officially launched. A dedicated portal was also introduced to facilitate processes related to marriage, divorce, and live-in relationship registrations.
All you need to know about UCC: The UCC applies to all residents of Uttarakhand, except Scheduled Tribes, who are permitted to continue following their customary laws. It introduces uniform regulations for marriage, divorce, inheritance, and live-in relationships, among others.
A minimum marriageable age of 18 years for women and 21 years for men has been set, and the registration of marriages is now mandatory within 60 days to ensure legal recognition.
Consistent grounds for divorce across all communities have been established, addressing issues such as cruelty, adultery, and mental illness, with provisions for alimony and maintenance to ensure the welfare of dependents.
In the realm of inheritance, the UCC provides equal rights to sons and daughters, eliminating distinctions between ancestral and self-acquired property. Simplified rules for succession have also been introduced, applicable regardless of religious affiliation.
Live-in relationships have been granted legal recognition through mandatory registration within one month. Children born from such relationships are legally recognized, with rights to inheritance and maintenance ensured.
The code further bans polygamy and reinforces the prohibition of child marriage, along with practices like nikah-halala and triple talaq, to safeguard women’s rights.
UCC journey all along: The journey towards the implementation of the UCC began with the BJP's electoral victory in 2022. The state government quickly initiated steps to draft the legislation by forming a five-member expert committee, chaired by retired Supreme Court Justice Ranjana Prakash Desai, in March 2022.
This committee engaged with diverse stakeholders, including representatives from various communities, and received over 60,000 public suggestions. After extensive consultations, the comprehensive draft was submitted to the Chief Minister on February 2, 2024.
The draft was approved by the state cabinet on February 4, 2024, and was subsequently tabled in the assembly on February 6, where it was passed without significant opposition.
The bill received the assent of Governor Lt. Gen. Gurmit Singh (Retd) on February 28, 2024, and was later signed by President Droupadi Murmu on March 11, 2024.
An additional expert committee, led by former Chief Secretary Shatrughna Singh, was formed to develop the rules and regulations required for implementing the UCC, which were finalized by the end of 2024.
Ahead of the implementation, government employees underwent extensive training sessions to familiarize themselves with the new legal framework.
Political reactions: Opposition parties and some community leaders have expressed concerns over the potential infringement on religious and cultural freedoms. Critics argue that the UCC may lead to societal divisions and disregard India's pluralistic traditions.
AIMIM’s Asaduddin Owaisi has described the UCC as essentially a "Hindu code" that applies to all communities, claiming it disproportionately favors Hindu traditions while imposing restrictions on Muslims and other minorities. He argues that the code does not uniformly address practices affecting all religions.
He raises concerns about the legality of implementing the UCC, stating that it contradicts existing laws such as the Shariah Act, Hindu Marriage Act, Special Marriage Act, and Indian Succession Act. Owaisi believes that any changes to personal laws should be enacted by Parliament rather than through state legislation.
Maulana Shahabuddin Razvi Bareilvi, National President of All India Muslim Jamaat, says, "The Muslims of India respect the law and follow it. However, it is not acceptable to violate the principles of Sharia and then follow other laws. Just as Muslims respect the law of the constitution, they also respect the principles of Sharia.”
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