On Monday, Uttarakhand made history by becoming the first state in India to officially implement the Uniform Civil Code (UCC). Chief Minister Pushkar Singh Dhami inaugurated the UCC portal and regulatory framework at the Chief Sevak Sadan in Dehradun. With this milestone, Uttarakhand has set a precedent for other states in the country.
The Journey to UCC Implementation
The groundwork for UCC in Uttarakhand began on May 27, 2022, when an expert committee was formed to draft the code. After extensive deliberations, the committee submitted its report to the state government on February 2, 2024. The draft was passed by the state assembly on March 8, 2024, and subsequently sent to the President of India for approval.
On March 12, 2024, the President gave formal assent to the bill. To ensure smooth implementation, technology-based systems were developed, including online portals for both citizens and officials. The UCC rules were finalized and approved by the state cabinet on January 20, 2025. Following multiple mock drills to test the portal’s efficiency, the regulations and portal were officially launched on Monday.
UCC at a Glance
The newly implemented UCC draft includes over 400 provisions, designed to eliminate inconsistencies arising from traditional customs and practices. This comprehensive legal framework aims to bring uniformity in matters such as marriage, divorce, inheritance, and adoption across all communities in the state.
One of the notable features of the UCC is its neutrality toward religion. The code emphasizes moving beyond outdated customs and practices, focusing on modern, inclusive principles.
Public Engagement in Drafting UCC
The drafting process involved an extensive public consultation. Approximately 20 lakh suggestions were received online and offline. The committee also held in-person discussions with over 2.5 lakh individuals to gather insights and opinions. Key elements of the draft were finalized during a marathon meeting in July 2023, ensuring that diverse perspectives were considered.
Key Features of Uttarakhand’s UCC
- Marriage and Divorce Regulations
- Polygamy is completely prohibited under UCC.
- Registration of all marriages and divorces is now mandatory at the local administrative level, whether in villages, municipalities, or cities.
- The legal age for marriage is standardized at 21 years for men and 18 years for women, overriding existing personal laws like the Muslim Personal Law, which permits marriage at the age of 15.
- Halala and Iddat
- The UCC introduces provisions to end practices like halala (where a divorced woman must marry another man and divorce him before remarrying her former husband) and iddat (a waiting period for women after divorce or the death of a spouse).
- Violating these rules can result in three years of imprisonment and a fine of ₹1 lakh.
- Liv-In Relationship Regulations
- Couples in live-in relationships must register their arrangement within one month through an online portal. Failure to register may result in six months of imprisonment, a fine of ₹25,000, or both.
- Registration is mandatory for obtaining rental agreements, hostel accommodations, or PG housing.
- Live-in relationships are restricted to consenting adults who are not already married or in prohibited degrees of relationship.
- Inheritance and Property Rights
- The UCC ensures gender equality in inheritance and property rights, overriding customs that often favor male heirs.
- Religious Freedom and Rituals
- While UCC standardizes civil laws, it respects religious rituals and customs. Ceremonies like nikah, anand karaj, and traditional Hindu weddings can continue per community traditions.
- Scheduled Tribes are exempt from UCC provisions, preserving their unique cultural practices.
Historical Context and Legal Precedents
The Shah Bano case from 1985 was one of the inspirations for the UCC. Shah Bano, a 62-year-old woman from Indore, was divorced by her husband and initially granted a mere ₹25 monthly maintenance by the court. Dissatisfied, she appealed to the High Court, which increased the amount to ₹179.20. The case reached the Supreme Court, which ruled in her favor, highlighting the need for uniform laws to protect vulnerable individuals.
The Road Ahead
Uttarakhand’s UCC aims to bring clarity, equality, and justice to personal laws, bridging gaps that previously led to discrimination. The state’s move is expected to spark similar initiatives in other parts of the country.
However, critics argue that implementing UCC is a complex task, requiring sensitivity toward India’s diverse cultural and religious fabric. The success of Uttarakhand’s model will serve as a benchmark for other states considering similar legislation.
As Uttarakhand leads the way, the nation watches closely, awaiting the long-term impact of this historic decision. Will this be the dawn of a more inclusive and unified legal framework across India? Only time will tell.
