Uttarakhand, the first Indian State to implement UCC
Context
Uttarakhand Chief Minister Pushkar Singh Dhami officially launched the Uniform Civil Code (UCC) for the State, making Uttarakhand the first Indian state to implement UCC after Independence.
- The UCC replaces certain personal laws with uniform legal provisions for marriage, divorce, property, and inheritance.
- It also introduces an online portal to register marriages, divorces, live-in relationships, and wills.
- The implementation is being hailed as a landmark move toward equality and harmony.
Relevance:
GS-02 (Government policies and interventions)
Key Highlights of the Article
- First State to Implement UCC: Uttarakhand leads as the first Indian State to implement UCC post-Independence, covering all residents except Scheduled Tribes and migrants.
- Provisions of the UCC Bill:
- Bans practices like halala, iddat, and talaq under Muslim Personal Law.
- Grants equal property and inheritance rights to women.
- Mandates online registration for marriages, divorces, and live-in relationships.
- Launch of UCC Portal:
- Offers features like Aadhaar-based verification, record access, complaint registration, and will upload (typed, handwritten, or video format).
- AI-powered translation into 22 languages and integration with data from over 13 government departments.
- Registration Requirements:
- Marriages from March 26, 2010, to be registered on the portal within six months.
- Marriages post-law implementation to be registered within 60 days.
- Divorce and annulment registration requires marriage details, court orders, and children’s information.
Uniform Civil Code:
- It is a proposal, a set of rules that implements and formulates personal laws of citizens that apply to all citizens equally regardless of their religion.
- It is mentioned in Article 44 of the Indian Constitution, which is a Directive Principle of State Policy (DPSP).
- Article 44 : This article states that the state should try to provide a single set of laws for all citizens of India, covering personal matters like marriage, adoption, divorce, inheritance, and succession
- Meanwhile, Article 37 of the Indian Constitution states that DPSP “shall not be enforceable by any court.”. Nevertheless, they are “fundamental in the governance of the country,” making it clear that it is not a mandatory action for the government.
- Goa was the only state in India with a uniform civil code prior to 2024. However, the Uttarakhand Assembly also passed the UCC bill on 7th February 2024, which is expected to be implemented.
History of Uniform Civil Code:
- The Lex Loci Report, 1840: It underscored the importance and the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts. However, it also recommended that personal laws of Hindus and Muslims should be kept outside such codification.
- The Queen’s 1859 Proclamation paved the way for absolute non-interference in religious matters.
(So while criminal laws were codified and became common for the whole country, personal laws continue to be governed by separate codes for different communities.).
- Post-Colonial era (1947-1985): Leaders like Jawaharlal Nehru and Dr B.R Ambedkar advocated for a uniform civil code. Apparently, it was added in the Directive Principles of State Policy (DPSP, Article 44) mainly due to opposition from religious fundamentalists and a lack of awareness among the masses during the time.
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