UNIFORM CIVIL CODE OF UTTARAKHAND
- On January 27, 2025, Uttarakhand became the first Indian state post-Independence to implement the Uniform Civil Code (UCC) for all residents, excluding Scheduled Tribes and natives who have migrated out of the state.
- A 5 member expert committee, led by Former Supreme Court Justice Ranjana Prakash Desai, was formed to draft the legislation.
- The final report was submitted to Uttarakhand Chief Minister Pushkar Singh Dhami on February 2, 2024.
- After that, the UCC Bill was passed in the Uttarakhand Assembly during the February 2024
- However, Goa remains the only state in India where a UCC is already in force, based on the Portuguese Civil Code of 1867.
WHAT IS A UNIFORM CIVIL CODE?
- The Uniform Civil Code (UCC) refers to a single set of laws that govern personal matters like marriage, divorce, inheritance, and adoption for all citizens, regardless of their religion.
- It is mentioned in Article 44 of the Indian Constitution as a Directive Principle of State Policy (DPSP).
- However, the implementation of UCC is not legally enforceable by the courts.
HISTORICAL CONTEXT
- British Era: The British introduced uniform criminal laws but allowed communities to follow their own personal laws.
- Constituent Assembly Debates: Proponents of the UCC, including R. Ambedkar, argued that it was essential to promote equality, while some Muslim leaders expressed concerns about its impact on their personal laws.
SUPREME COURT’S & LAW COMMISSION’S STANCE OF UCC
KEY FEATURES OF THE UTTARAKHAND UCC
- Halala: a practice in which a woman is required to marry another man and then divorce him before she can remarry her previous husband.
- Iddat: a period of waiting for a woman after divorce or widowhood before she can remarry.
- Talaq: a form of divorce in Muslim Personal Law where a husband can divorce his wife by pronouncing the word “talaq” 3 times.
- In August, 2017, the Supreme Court of India declared the practice of Triple Talaq unconstitutional.
- Following that, in 2019, the Parliament passed the “Muslim Women (Protection of Rights on Marriage) Act, 2019”, making it a punishable offense effective from August 1, 2019.
IMPLEMENTATION TIMELINE
- Applications are examined within 15 days (or 3 days in emergencies).
- Appeals against rejections can be made to the registrar within 30 days, and further to the registrar-general within 30 days.
SIGNIFICANCE OF UCC
- Unity and Belonging: The UCC would help unite all citizens and promote a sense of belonging.
- Reducing Conflicts: It could reduce conflicts arising from different personal laws.
- Principles of Equality: The UCC would support the principles of equality, fraternity, and dignity.
- Equal Rights: It would provide equal rights in marriage, divorce, inheritance, adoption, and maintenance.
- Women’s Rights: The UCC would help women challenge unfair practices and ensure their fundamental rights.
- Modernizing Laws: It would modernize outdated practices in personal laws.
- Human Rights: It would remove practices like triple talaq, polygamy, and child marriage that violate human rights.
- Transparency: The online portal ensures transparency and reduces bureaucratic hurdles.
- Precedent for Other States: It sets a precedent for other states to adopt similar reforms.
CHALLENGES & CRITICISMS
- Exclusion of Scheduled Tribes: The exclusion of Scheduled Tribes raises questions about the universality of the UCC.
- Privacy Concerns: Mandatory registration and Aadhaar-based verification may raise privacy
- Religious Practices: The ban on certain religious practices has been criticized as an infringement on personal laws.
HAS ANY COUNTRY FULLY IMPLEMENTED UCC?
No country fully implements a uniform civil code across all areas of law, but many have adopted uniform laws in specific areas such as criminal law, contract law, and property rights.
Examples:
- France: Napoleonic Code (1804) applies uniformly to all citizens, covering property, civil rights, and family law, with minor regional exceptions.
- Germany: German Civil Code (BGB) (1900) unifies personal and civil law for all citizens, with some special provisions for certain groups.
- Turkey: Turkish Civil Code (1926), inspired by Swiss law, replaced Islamic law for family matters, though some Islamic law elements remain.
- United States: Federal laws are unified, but family law varies by state.
- Egypt: Civil code applies to all citizens but incorporates Islamic law in family matters.
- Indonesia: Legal system combines civil, customary, and Islamic law; efforts made to harmonize laws for greater equality.
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