Dehradun, February 6, 2024: In a major development, the Uttarakhand government led by Chief Minister Pushkar Singh Dhami tabled the draft Uniform Civil Code (UCC) bill in a special session of the state Assembly. The move comes after the state cabinet approved the draft UCC last week.
What is the Uniform Civil Code?
The Uniform Civil Code (UCC) refers to a common set of civil laws governing personal matters such as marriage, divorce, adoption, inheritance for all citizens, irrespective of religion. If implemented, Uttarakhand would become the first state to have a uniform set of laws in these matters. Currently, these aspects are governed by personal laws based on religious scriptures.
The UCC aims to introduce gender justice, promote national integration and gender equality. However, the topic has also been controversial with opponents arguing it interferes with religious freedom. Article 44 of the Indian Constitution lays down UCC as a Directive Principle of State Policy.
Dhami reveals UCC Bill Key Features
The draft UCC bill makes registration of marriages mandatory within 60 days of the wedding. Inter-faith couples will have to submit a two-month notice before formal registration.
Other key provisions include:
- Making property distribution equal among legal heirs, irrespective of gender.
- Mandatory registration of live-in relationships within one month.
- Divorce proceedings to now cover adopted children and couples in live-in relationships.
Earlier, the Dhami cabinet also approved setting 16 years as the minimum marriage age for boys and girls.
Previous Attempts at UCC Implementation
The Modi government and the BJP have emphasized on a nationwide Uniform Civil Code, especially with triple talaq now barred. In June 2022, BJP-ruled Himachal Pradesh announced plans to implement UCC but no further progress was made. Uttarakhand would be the first state to actually draft and table UCC legislation.
In 1985, the Supreme Court urged the government to work towards UCC in the Shah Bano case. Subsequently, Rajiv Gandhi’s government passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 which diluted an earlier Supreme Court order on alimony for Muslim divorcees.
Why Uttarakhand is Pushing UCC Legislation Now?
Political observers note that Uttarakhand CM Dhami has introduced the UCC bill with an eye on the 2024 Lok Sabha polls. The move underscores BJP’s emphasis on long-promised social reforms ahead of crucial general elections. CM Dhami recently said UCC implementation would provide equal rights to all citizens “irrespective of religion”.
On Tuesday, Dhami termed the bill a “historic day” for Uttarakhand and said UCC will promote social harmony and boost gender justice in the state. He, however, added the draft was open for debate and improvement by Opposition parties before passing. A BJP MLA called it a “moment of pride” while Congress, which supports UCC in principle, demanded more clarity on the bill.
As the ruling BJP pushes major socio-legal reforms across states in election year, the Uttarakhand UCC draft bill will be keenly watched nationally. While the move is seen as progressive by some experts, concerns remain about specifics and effective enforcement. The coming days will indicate whether Uttarakhand succeeds in turning the long-pending Uniform Civil Code into reality after the legislation goes through legislative debate and scrutiny.
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