On Wednesday, 7th February the Legislative Assembly of Uttarakhand passed the Uniform Civil Code Bill, 2024 which was tabled a day before in the house. With the passing of the Bill Uttarakhand became the first Indian state to implement a Uniform Civil Code, which means there will be common law for marriage, divorce, and Inheritance of property for all citizens of the state. The bill will now become an act with the assent of the Governor of Uttarakhand. The draft of the Uniform Civil Code bill was prepared by the Uttarakhand government under the chairmanship of retired judge of Supreme Court justice Ranjana P Desai.
Table of Contents
Key features of UCC bill, Uttarakhand
Image source- NDTV
1.The bill ensures equal property rights for both sons and daughters.
2.After the person’s demise, the bill grants equal property rights to the spouse and children.
3. The bill treats children adopted, and born through surrogacy or other reproductive technology as equal with other biological children.
4. Mandatory registration for marriage.
5. The practice of polygamy will be banned.
6. A declaration of a live-in relationship will be mandatory.
7. The members of scheduled tribe communities will remain out of the ambit of UCC.
What is a Uniform civil code?
Article 44 of the Indian constitution which is part of the Directive Principle of State Policy mentions about Uniform Civil Code. The idea behind UCC is that there should be a common law for all citizens equally regardless of their gender religion and sex. At present the personal laws of individuals regarding their Inheritance of property marriage etc are governed by their religious scriptures.
The idea to implement the Uniform Civil Code emerged in the decades of mid-1980s after the Shah Bano case. Though UCC was proposed twice in November 2019 and March 2020 due to some discrepancies it was not introduced in the parliament.
Image source- The Sunday Guardian
Challenges to implement UCC in India
1. India is a very diverse Nation with different sets of communities and each community has its laws and customs to govern itself.
2. UCC has been viewed by many minority groups as an infringement of their religious rights (from articles 25 to 28) and is against the idea of a constitution.
3. There is fear among minorities that UCC may impose a majoritarian law.
4. It is also fear that such actions could provoke the communal tensions and conflicts in the society.
5. UCC is a very mammoth process, it would require a massive exercise of drafting, rationalizing, and a round of consultation with experts and religious stakeholders.
Advantages of UCC
1. UCC will further promote national integration and the idea of secularism by creating a sense of oneness among all the citizens.
2. It would lead to women’s empowerment and would ensure gender justice and equality for women against the orthodox personal laws
3. It will provide more legitimacy to the constitutional values of equality, fraternity, and dignity.
4. It will make the law more accessible and understandable for the common people.
5. UCC will harmonize the Civil and criminal laws by removing the loopholes that arise because of personal laws.
Reactions
Many political parties have opposed the idea of a uniform Civil Code which includes many opposition parties as well as BJP’s alliance partners in the NDA. Many nongovernmental and public welfare organizations have made their serious reservations against the idea of UCC. A group from Nagaland has warned the government that it will burn the houses of all 60 MLA if the UCC gets implemented in the state. they argue that UCC will Erode the customs and beliefs of the tribe community.
Conclusion
It’s Interesting to note that the UCC bill in Uttarakhand has been introduced at a time when the Lok Sabha elections are around the corner. Experts suggest that the Uttarakhand was just for trial to see possible repercussions. The real agenda of the BJP is to bring a similar law for the entire nation. Uniform Civil Code is one of the core agendas of BJP along with the abrogation of article 370 from J&K and the construction of the Ram Temple in Ayodhya.
