The Uniform Civil Code, Uttarakhand Act, 2024 Is A Right Step In The Right Direction

It must be stated right at the outset before stating anything else that “The Uniform Civil Code, Uttarakhand Act, 2024” is definitely a right step in the right direction and there is no reason why other States should not emulate such a worthy step in order to ensure that it is uniformly implemented in all States all across India. It must be noted here that this Act is a legislation that has been operationalized to establish a common set of personal laws that governs several key matters like marriage, divorce, adoption, inheritance and maintenance for all citizens of Uttarakhand irrespective of their religion, gender, caste or sex exempting only tribal communities from its purview. We must also pay attention here towards the key point that the Bill was finally after a lot of deliberations, discussions and so also debate introduced in the Uttarakhand Assembly by the Chief Minister – Mr Pushkar Singh Dhami on 7 February, 2024 and was finally passed by both the chambers on the same day.

It is imperative to note that all the 70 members of Uttarakhand Assembly voted in favour of the Bill. When there can be consensus in Uttarakhand on passing the Uniform Civil Code among all the different political parties then why can’t it be done nationally also as encapsulated in Article 44 of the Constitution which lays down that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India? There can be just no gainsaying that all that is needed is just enough political will to ensure that it is implemented nationally all across the country!

For the esteemed readers exclusive indulgence and for their exclusive benefit, it must be definitely mentioned here that it was on the 11th of March, 2024 that the 15th President of India – Hon’ble Ms Droupadi Murmu gave her final assent to the historic Uniform Civil Code, Uttarakhand Act, 2024 under Article 201 of the Constitution of India. It must be noted that the Bill has seven Schedules and 392 Sections focusing primarily on four key areas – marriage, divorce, inheritance and live-in relationships. There are many commendable provisions in this Act for ending the most reprehensible practices of polygamy and polyandry which already in “The Hindu Marriage Act” had been very rightly banned in 1955 which means nearly 70 years ago and so also Nikah Halala among others besides giving equal inheritance rights to males and females without any discrimination on basis of gender. If a case like Nikah Halala comes to light, there is a provision of three-years imprisonment or a fine of Rs 1 lakh or both under this Act. There are also several provisions for registration of live-in relationships and failure to comply with can invite hail terms upto six months and/or fine upto Rs 25,000.

To recapitulate, let us chronologically discuss the manner in which the Uniform Civil Code was enacted in Uttarakhand:-

Feb 12, 2022 : The plan for the creation of Uniform Civil Code in the State of Uttarakhand was announced by the Chief Minister – Mr Pushkar Singh Dhami.

May 27, 2022 : Five-member expert panel headed by the former Supreme Court Judge and so also eminent jurist Ms Ranjana Prakash Desai set up to study and draft a Uniform Civil Code law for the State of Uttarakhand. The Committee also comprised of retired Sikkim High Court Judge – Permod Kohli, activist Manu Gaur, retired bureaucrat Shatrughan Singh and Vice Chancellor of Doon University Surekha Dangwal. The report submitted by them ran into 7440 pages and four volumes.

August 22, 2022 : Two sub-panels formed to assist the Committee.

Sept 8, 2022 : Portal launched to receive suggestions formed. Panel conducted 43 meetings with different stakeholders. 2.33 lakh suggestions received from people from all across state. 61,000 through portal, 36,000 via post, 1.1 lakh in person and 24,000 by email regarding its drafting and implementation. It would be quite relevant to note here that points were taken from similar laws that have been enacted in Saudi Arabia, Turkey, Indonesia, France, Nepal, Germany, Japan, Canada and Azerbaijan.

Feb 2, 2024 : The five-member expert panel submitted its report and so also the UCC Bill Draft to the Uttarakhand State Government led by Chief Minister – Mr Pushkar Singh Dhami.

Feb 4, 2024 : Dhami-led State Cabinet clears the draft after a lot of deliberations.

Feb 6, 2024 : State Government tables the Uttarakhand Uniform Civil Code Bill, 2024 in the State Assembly.

Feb 7, 2024 : The Uttarakhand Uniform Civil Code Bill, 2024 is finally passed by the State Assembly unanimously with no one voting against or no one abstaining. This is what makes it most special and generates high hopes that this can be done nationally also by consensus as we have seen in case of Uttarakhand.

March 11, 2023 : The 15th President of India – Hon’ble Ms Droupadi Murmu gave her final assent to the historic Uniform Civil Code, Uttarakhand Bill, 2024 under Article 201 of the Constitution of India.

It must be definitely mentioned here that soon after the Uttarakhand Uniform Civil Code Bill was approved by the State Assembly, the Chief Minister – Mr Pushkar Singh Dhami termed it as a ‘historic day for the State and the country’ saying most confidently that, “The Bill will help end the harmful and evil practices targeting girls and women. UCC aims for societal uniformity empowering women to be self-reliant.” He further said that, “In 2022, before the Assembly elections, we had taken a pledge to implement UCC and I am so happy that it is taking shape now. Each one of us who is associated with the process, including the people of the State, will be a part of history. It gives me great pleasure that a law that will usher in equality for all is coming out of Devbhoomi Uttarakhand.”

We must pay attention here that even Union Law and Justice Minister – Mr Arjun Ram Meghwal on June 16, 2024 expressed hope about implementation of the Uniform Civil Code, contending that some States have started to bring it into force. He made the remark while speaking his mind at the sidelines of a conference on ‘India’s Progressive Path in the Administration of Criminal Justice System’ in Kolkata. He said very frankly that, “In BJP manifesto, we have mentioned about the UCC. There are states like Goa and Uttarakhand that have started implementing them. The UCC is still on the BJP’s agenda.”

It cannot be lost on us that even JD(U) leader Mr KC Tyagi said that while the party is not against UCC, it wants that such a move should come through a consensus. For this to happen, it must be conceded that leaders of Opposition must behave like the leaders of Uttarakhand where it has already become a law with the President giving final assent to it! There can be just no gainsaying that Uttarakhand’s law is expected to be the blueprint for other States as well such as Uttar Pradesh, Gujarat and Assam and so also Rajasthan who have promised to implement the ‘Uniform Civil Code’ in the coming days ahead. It cannot be denied that a Uniform Civil Code has been operational in Goa since a very long time which dates back to the Portuguese rule and this motivates many States to similarly follow suit which alone explains why even Uttarakhand also has joined the elite club of States to have its own ‘Uniform Civil Code’ as enshrined in Article 44 of the Constitution.

It is worth noting that the Uniform Civil Code (UCC) of the State of Uttarakhand proposes very rightly a standardized age of marriage for women at 18 years across all faiths as per Section 4 of the “The Uniform Civil Code Act, Uttarakhand Act, 2024”. The age of marriage has been set at 21 years for men. We also need to note that it proposes a complete ban on polygamy, polyandry and child marriage which is definitely worth applauding.

It would be instructive to note that the Uttarakhand UCC Act, 2024 also stipulates for compulsory registration of marriage as per Section 6 and 7. It also mandates the compulsory registration of live-in relationships as per Section 378 of the Uttarakhand UCC Act, 2024. This will certainly go a long way in ensuring that no one is exploited mercilessly under the guise of live-in relationships which must be definitely applauded.

It is no doubt definitely most heartening to note that the Uttarakhand UCC Act, 2024 as stated hereinabove makes it compulsory provision for partners in a live-in relationship within the State irrespective of whether they are residents of the State of Uttarakhand or not to submit a statement to the Registrar thus granting legal recognition and protecting the right of individuals in such partnerships. This will definitely check, curb and combat effectively merciless exploitation of women especially who due to no registration earlier had no proper legal remedy left with them to pursue against those men who just used them and then left them. It is therefore entirely in order that under the Uttarakhand UCC Act, 2024, the couples who are staying together in a live-in relationship for more than a month without submitting the statement as mandated can be punished with a jail term of upto 3 months imprisonment or a fine of upto Rs 10,000 or both. This will definitely act as an adequate deterrent and those who still afford to violate the law will have to face the penal consequences!

In sum, it is high time and it must be said at the cost of repetition that what has been done so commendably in Uttarakhand definitely needs to be replicated all across India as even the Supreme Court had called upon many decades ago in Sarla Mudgal case! Let us not forget that it was in the Shah Bano case in 1985, regarding the rights of a Muslim woman in divorce that the Supreme Court had clearly, cogently and convincingly observed that “Parliament should outline the contours of a common civil code as it is an instrument that facilitates national harmony and equality before law.” The Chief Minister of Uttarakhand – Mr Pushkar Singh Dhami very rightly said that, “The Uniform Civil Code (UCC) will create equal laws for men and women across all faiths and will help create a non-partisan and non-discriminatory society.” No denying it! This alone explains why even Mr KM Munshi who was a Congress member and a key member of the Constituent Assembly Drafting Committee had pointed out most unequivocally without mincing any words stating that, “If matters like inheritance and succession were accepted under the umbrella of personal religious laws, then women would never be treated equally despite the fundamental right against discrimination. Therefore, there is no reason why there should not be a uniform civil code throughout the territory of India.” Absolutely right!

Sanjeev Sirohi, Advocate,

s/o Col (Retd) BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.