Recently, Uttarakhand Chief Minister officially rolled out the Uniform Civil Code (UCC) for all residents of the State, except the Scheduled Tribes and natives who have migrated out of the State.

• Uttarakhand has become the first Indian State to implement the UCC post Independence.

Key Features of Uttarakhand’s UCC

• Marriage and Divorce Regulations:
  • Bans practices such as halala, iddat, and talaq from Muslim Personal Law.
  • Ensures equal property and inheritance rights for women.
  • Mandates online registration of marriages, divorces, and live-in relationships .
  • Marriages can be performed according to religious customs, but registration within 60 days is mandatory
  • Both men and women have equal grounds for divorce, ensuring gender neutrality in the divorce process.
• Rights in Live-in Relationships:
  • Landlords cannot deny housing to registered live-in couples.
  • Live-in relationships (before or after UCC) must be registered within one month of implementation.
  • Termination of live-in relationships can be done online or offline with mutual confirmation.
  • Pregnancies during live-in relationships must be reported within 30 days of childbirth.
• Will Registration: Options for uploading handwritten/typed wills, filling out an online form, or recording a three-minute video.
  • Armed forces personnel and mariners can create a ‘privileged will’ under flexible rules.
  • Simplifies the creation, cancellation, and modification of wills and codicils for testamentary succession
• Administrative Framework:
  • Sub-registrars verify applications within 15 days (or three days in emergencies).
  • Rejection appeals can be made to registrars within 30 days; further appeals to the registrar-general within another 30 days.
• Enforcement and Penalties: Violators receive warnings initially; repeated offenses result in fines.

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Uniform Civil Code in India

• The Uniform Civil Code (UCC) is a proposed legal framework that aims to replace personal laws based on religious customs with a unified set of civil laws applicable to all citizens, regardless of religion or ethnicity. 
• It seeks to address matters like marriage, divorce, inheritance, and adoption under a common framework, promoting equality, secularism, and gender justice.
• Key Features of UCC
• • Uniform Application: Replaces religion-specific personal laws for Hindus, Muslims, Christians, and others.
    • Applies equally to all citizens in personal matters such as marriage, divorce, inheritance, and adoption.
  • Secular and Inclusive: Envisions a secular legal system, ensuring equal treatment irrespective of religious or cultural backgrounds.
    • Promotes equality before the law and eliminates discriminatory practices rooted in personal laws.
  • Focus on Gender Justice: Addresses gender-based discrimination in personal laws, empowering women with equal rights in marriage, divorce, property, and inheritance.

Historical Background

• Pre-Independence Era: Discussed during British rule and later in the Constituent Assembly debates.
  • In 1835, a British report recommended legal uniformity but excluded personal laws of Hindus and Muslims.
  • Portuguese Civil Code of 1867: Goa has a UCC under the Goa Civil Code (Portuguese Civil Code of 1867), which applies uniformly to all Goans, regardless of religion or ethnicity.
  • B N Rau Committee (1941): Formed to codify Hindu laws, recommending equal rights for women.
• Post-Independence Developments: Article 44 of the Constitution included the UCC as a Directive Principle of State Policy.
  • Article 44: “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”

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Personal Laws in India

• Concurrent Jurisdiction: Personal law subjects like marriage, divorce, inheritance come under Concurrent list in Seventh Schedule.
• Hindu Personal Laws and Uniform Civil Code: These laws (that apply also to the Sikhs, Jains and Buddhists) have been codified by the Parliament in 1956. This Code Bill has been split into four parts:
  • The Hindu Marriage Act, 1955: Established monogamy and made Hindu marriages dissoluble contracts.
  • The Hindu Succession Act, 1956: Improved inheritance rights for daughters and widows.
  • The Hindu Minority and Guardianship Act, 1956: Made the mother the natural guardian of the child after the father
  • The Hindu Adoption and Maintenance Act, 1956: Allowed girls to be adopted and granted maintenance rights to wives and widows
• The Sharia Law of 1937: Governs the personal matters of all Indian Muslims in India.
  • It explicitly states that the government won’t interfere in personal disputes. Instead, a religious authority will make a decision based on their understanding of the Quran and Hadith.
• Christians, Parsis, and Jews: These three communities governed under the Indian Succession Act of 1925.

Arguments in Favor of a Uniform Civil Code

• Gender Justice and Equality: UCC will eliminate gender discrimination in personal laws, ensuring equal rights for women in marriage, divorce, inheritance, and maintenance.
  • The Global Gender Gap Report 2024 ranks India 129th out of 146 countries, with significant gaps in economic and legal rights for women. 
• Secularism and Constitutional Mandate: UCC aligns with India’s secular principles by ensuring that all citizens are treated equally under the same civil law, rather than being governed by religion-based personal laws.
  • Article 44 (DPSP): The Constitution explicitly states that the State should “endeavor to secure a Uniform Civil Code for the citizens.”
• National Integration and Unity: A UCC will remove legal fragmentation based on religion and promote a unified national identity, reducing communal tensions.
  • Census 2011: India has over 200 million Muslims, 26 million Christians, and various other minorities, each governed by different personal laws, creating legal complexities and inequalities.
• Simplification of Legal System and Reduction in Litigation: UCC will replace multiple religious personal laws with a single framework, reducing legal confusion, contradictions, and judicial backlog.
  • Hindu Succession Act, 1956 was amended in 2005 to grant daughters equal property rights, whereas Muslim inheritance laws still favor male heirs. 
• Protection of Women’s Rights in Marriage and Inheritance: Women, especially in Muslim and tribal communities, suffer due to unequal inheritance rights, polygamy, and lack of legal protection.
  • UNDP Gender Inequality Index (2022): India ranks 108th due to discriminatory inheritance and marriage laws.
  • National Sample Survey (2019): Women own only 13% of agricultural land despite contributing 50% of farming labor.
• Curbing Religious Exploitation and Misuse of Laws: UCC will prevent misuse of religion-based laws for personal or political gains, ensuring legal consistency.
  • While triple talaq was abolished, Muslim men can still easily divorce their wives compared to other communities.

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Arguments against of a Uniform Civil Code

• Violation of Religious Freedom and Constitutional Rights: UCC may infringe upon Article 25 and Article 26 of the Constitution, which guarantee religious freedom and allow communities to manage their own affairs.
  • 21st Law Commission (2018): Concluded that UCC was “neither necessary nor desirable” at the time, as it could undermine India’s religious diversity.
• Threat to India’s Cultural and Religious Diversity: India is home to Hindus, Muslims, Christians, Sikhs, Buddhists, Jains, and over 700 tribal communities, each with distinct personal laws and one-size-fits-all UCC may erase cultural identities.
  • Tribal Laws (Article 371 & 5th & 6th Schedule): Special protections exist for tribals, such as Khasi, Naga, and Mizo communities, whose customs may not align with a UCC.
• Fear of Majoritarianism and Political Misuse: Many minorities fear that UCC is not truly secular, but rather an attempt to impose Hindu-centric laws on all communities, potentially eroding pluralism.
  • Uttarakhand UCC (2024): Critics argue that the UCC passed in Uttarakhand disproportionately targets Muslim practices (banning polygamy, triple talaq) while not addressing Hindu biases, such as inheritance and temple entry for women.
• Practical Challenges in Implementation: Given India’s vast diversity, enforcing a uniform law would require rewriting multiple personal laws, leading to legal and administrative chaos.
  • Special Marriage Act (1954): Already allows for secular marriages, but is rarely used due to social stigma, showing that even an existing alternative is not widely accepted.
• Resistance from Minority and Tribal Communities: Many minority groups feel that UCC would erase their unique identity, disrupt traditional practices, and marginalize their communities.
  • Naga and Mizo Customary Laws govern marriage and inheritance differently, often favoring tribal elders’ decisions over codified laws.
• Potential for Social Unrest and Resistance: A sudden or forced implementation of UCC could trigger large-scale protests, communal tensions, and legal challenges.
  • CAA-NRC Protests (2019-2020) showed how laws perceived as targeting minorities led to massive unrest. A hastily imposed UCC could result in similar nationwide opposition.

Way Forward for Implementing the Uniform Civil Code (UCC)

• Gradual and Phased Implementation: A sudden, all-encompassing UCC could face massive resistance. A step-by-step approach can help communities adapt over time.
  • Law Commission (2018): Suggested that incremental reforms in personal laws may be more effective than imposing a UCC overnight.
• Extensive Public Consultation and Consensus Building: UCC must reflect all communities’ concerns, not just the majority. Consultation ensures inclusivity and reduces resistance.
  • 22nd Law Commission (2023-24): Reopened UCC discussions and invited public feedback from different religious and social groups.
• Harmonization of Existing Personal Laws Instead of Overriding Them: Instead of imposing a single UCC, reforming and harmonizing personal laws to remove discriminatory practices can be more effective.
  • Muslim Women (Protection of Rights on Divorce) Act, 2019 ended triple talaq while retaining other aspects of Muslim personal law.
• Ensuring Constitutional Safeguards for Minorities and Tribals: Many minority and tribal communities fear UCC will dilute their identity. Legal safeguards can protect their cultural rights while ensuring equality.
  • Uttarakhand UCC (2024): Exempted Scheduled Tribes (STs), respecting their constitutional protections.
• Strengthening Legal Awareness and Gender Justice Campaigns:  Mass awareness campaigns on women’s inheritance rights, divorce laws, and marriage rights.
  • Beti Bachao Beti Padhao Scheme helped raise awareness on gender equality—similar programs can promote legal literacy on UCC.
• Learning from Global Models and Best Practices: Countries like Turkey, France, and Germany have implemented secular civil codes, but with careful adaptation to local traditions.
  • Adopt a hybrid approach, allowing communities to transition at their own pace.
  • Goa UCC Success: Goa has had a uniform civil code for decades, proving that gradual adaptation works better than forced implementation.

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Conclusion

The Uniform Civil Code (UCC) is a complex but crucial step toward ensuring gender justice, national unity, and legal uniformity in India. However, its implementation must be gradual, consultative, and inclusive, respecting India’s cultural and religious diversity. A balanced approach—harmonizing existing personal laws, securing constitutional safeguards for minorities, and promoting legal awareness—will be key to achieving social cohesion and legal equality without triggering unnecessary conflicts. 

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